California has some of the strictest drug laws in the country. Therefore, individuals who manufacture, sell, transport, or use the controlled substances risk facing severe charges. Not every drug charge in California is automatically a felony. Some drug offenses are classified as misdemeanors, while others are wobblers. A wobbler can attract felony or misdemeanor charges depending on the circumstances.
Felonies are more serious offenses, and they attract severe legal penalties. The penalties for a felony drug conviction could include prison time, fines, and sometimes probation. Also, the conviction will enter your criminal record, which is accessible to the public.
A felony conviction on your record can have a more negative impact than a misdemeanor. If you face felony drug charges, you will need the insight of a competent criminal lawyer. The following are some of the factors that make a drug crime a felony:
The Type of Drug Involved
The type of drug involved is a significant factor that the court considers when classifying drug crimes. California law divides controlled substances into five schedules. These schedules reflect the drug’s medical use and its potential for abuse. The classifications include:
- Schedule I drugs. Substances under this schedule are considered the most dangerous. They have no accepted medical use and have a high potential for addiction. Schedule I drugs include heroin, LSD, ecstasy, and peyote.
- Schedule II drugs. Drugs under Schedule II of controlled substances have some medical uses but are highly addictive. They include cocaine, methamphetamine, oxycodone, fentanyl, and morphine.
- Schedule III, IV, and V drugs. Drugs under these schedules are less dangerous. However, the law regulates their manufacture, sale, and use. These may include steroids, Xanax, and Valium.
Possessing or selling Schedule I or II drugs attracts a felony charge. This is because of their high abuse potential. These substances are linked to addiction, overdose, and organized drug trafficking.
Sometimes, prescription medications can lead to felony charges. This can occur if you sell, forge a prescription, or distribute them illegally. For example, selling someone else’s pain medication can result in a felony under the California Health and Safety Code.
Large Quantity or Amount of the Drug
The amount of drugs found can determine whether you will face a misdemeanor or a felony charge. A small quantity for personal use may result in a misdemeanor. However, larger amounts raise suspicion of intent to sell or distribute. Under these circumstances, you could face a felony charge.
Prosecutors and judges will consider the following when looking into drug crimes:
- Packaging of the drugs
- Amounts of drugs found
- Whether the quantity of narcotics exceeds everyday personal use
If authorities discover a large quantity of drugs divided into smaller quantities, they may charge you with a felony. Quantity also matters when you face charges for manufacturing or transporting drugs. The severity of the charges will increase with the increase in drug quantity. Law enforcement views large quantities as evidence of commercial intent.
The Intent to Sell or Distribute
A drug crime becomes a felony when there is evidence of your intent to sell the drugs. Even if no sale actually occurs, having medications with the intent to sell can result in felony prosecution. Under Health and Safety Code §11351, possession for sale of controlled substances is a felony. Prosecutors do not have to prove that you made a sale. Instead, they can use the following types of evidence to show your intent:
- The drugs were divided into small, equal portions.
- You possess scales, baggies, or packaging materials, together with the drugs.
- Large sums of cash were present.
- Text messages, notes, or digital communications about drug deals
- Surveillance or witness statements suggest selling behavior.
Sometimes, the storage of the drugs can help determine intent. For example, if the officers find drugs in small plastic bags with cash in a car, they could assume that you were selling. The intent to sell a drug can turn a simple possession into a felony punishable by years in prison.
Manufacturing or Cultivating Drugs
Manufacturing or producing illegal drugs is a severe drug crime in California. The offense attracts felony charges under Health and Safety Code §11379.6. You could face drug manufacturing charges for engaging in any step of creating or refining a controlled substance. This can involve:
- Mixing chemicals
- Processing materials
- Running an illegal drug lab
Drug manufacturing is considered dangerous because it involves toxic chemicals, explosions, and contamination. For this reason, they carry severe penalties. When proving your liability under Health and Safety Code §11379.6, the prosecution does not need to prove that you completed the process.
Even attempting to manufacture a drug can lead to a felony charge. If the operation causes harm to others, you could face an enhanced sentence. Cultivating large amounts of marijuana without a license can also result in felony charges. California allows recreational cannabis. However, unlicensed operations still violate the law.
Sale or Transportation of Controlled Substances
Selling or transporting a controlled substance is another factor that can make your drug crime a felony. Under Health and Safety Code §11352, selling, furnishing, or transporting controlled substances can result in severe penalties. Transportation involves carrying drugs from one place to another. If the drugs cross county lines, the offense becomes even more serious.
Whether or not you make money from the transport of the controlled substance, you could face felony charges. Moving drugs for another person or facilitating a sale can result in an arrest.
Involvement of Minors in the Crime
California law recognizes that minors may lack the mental capacity to make entirely right decisions. Also, children are a vulnerable group in society, which makes them easier to manipulate or influence. Therefore, if you invoice a child under eighteen years in your drug operations, you could face felony charges. According to Health and Safety Code §11353, the following actions are considered felonies:
- Sell or furnish drugs to minors.
- Use a minor to sell or transport drugs
- Commit a drug offense near a school, playground, or youth center
These cases attract severe charges and penalties because they endanger children. In addition to the felony drug charge, the court may impose additional prison time for exploiting a child.
Location of the Offense
Where the drug activity occurs can determine whether you face felony or misdemeanor charges. Crimes that happen in protected zones attract serious charges and harsh penalties. Common areas that are protected under California law include:
- Schools
- Daycare centers
- Parks
- public housing areas
You could also face an enhanced sentence for your felony if you sell drugs within 1,000 feet of a school, day care center, or playground. The goal of the enhancement is to keep these environments safe from drug activity. For example, selling drugs in a parking lot near a high school can turn a wobbler into a felony.
The same rule applies to drug offenses in correctional facilities or jails. Possessing or delivering controlled substances in or near prisons will result in a felony charge.
Prior Criminal Record
Your criminal history greatly influences the classification of your charges. California law is strict on repeat offenders. Therefore, having a prior conviction on your record can make your drug crime a felony. If you are a first-time offender, the court may show leniency and allow you to enter a diversion program.
California’s Three Strikes Law applies to repeat offenders. If you have one or more prior serious or violent felonies, the court will double your sentence for the new felony. A third strike, however, carries a sentence of 25 years to life in prison.
When imposing felony punishment for repeat offenders, judges consider whether the prior offenses involved violence, weapons, or trafficking. A repeat offender with a history of drug sales is more likely to receive a felony charge even for smaller amounts.
The Presence of Weapons During the Commission of a Drug Crime
California law allows individuals over eighteen without a felony record to legally purchase and own a firearm. However, there are limits to when you can possess the firearm. When law enforcement officers find a gun or weapon during a drug-related arrest, a simple possession arrest could result in a felony charge.
California law treats the combination of drugs and weapons as a dangerous threat to public safety. Prosecutors may add a weapons enhancement to your felony charge if they catch you with both drugs and a gun at the same time. Even if not used, weapon possession can lead to increased penalties.
In some cases, prosecutors can charge you with both a drug felony and a separate firearm offense. This could result in a lengthy time behind bars.
The Presence of Violence or Organized Activity
If the drug crime involves violence, threats, or gang activity, the prosecution will most likely treat it as a felony. California law imposes harsh punishments on offenders connected to organized gangs. Under the California STEP Act, you could face a significant prison sentence for:
- Participating in a criminal street gang
- Committing a drug offense for the benefit of the gang
Violence or intimidation during a drug sale can also elevate the seriousness of the offense. Threatening buyers or law enforcement officers can trigger more charges for assault or battery. Under these circumstances, the additional offenses will also attract felony charges.
Drug Crimes Committed While on Probation or Parole
Sometimes, the court releases defendants on parole or probation before completing the sentence. This type of release allows you to leave prison, but you must follow strict rules. A common condition of parole or probation is to avoid committing other crimes.
Committing a drug crime while on probation, parole, or supervised release can make the drug crime a felony. Courts view the offense as a violation of trust. Additionally, it proves that rehabilitation efforts failed. Even small amounts of drugs or minor possession can turn into a felony under these conditions.
In addition to facing a felony drug charge, the court can revoke your probation and impose the maximum sentence for the previous offense. Sometimes, you may lose eligibility for diversion programs or early release.
Large-Scale Drug Operations or Trafficking
Drug trafficking and large-scale operations attract felony charges under California law. These cases often involve:
- Sale
- Distribution
- Transportation of drugs across counties or states
Trafficking means the movement or sale of large amounts of controlled substances in California. Many of these cases contain multiple people, vehicles, or hidden compartments.
When that happens, you could face federal charges, leading to harsher sentences. A felony charge for drug trafficking carries long prison terms. Sometimes, the court can sentence you to life imprisonment. The penalties you will face will depend on the scale of the operation and the type of drug involved.
Evidence of Commercial Activity
If the evidence in your drug case suggests that the drug offense was part of a business operation, the court treats your crime as a felony. Some indicators of commercial intent in drug cases include:
- Selling drugs for profit
- Keeping ledgers
- Using multiple phones
- Maintaining “stash houses”
California law punishes commercial operations severely. This is because they contribute to the wider drug trade.
Presence of Aggravating Circumstances in Your Case
A common factor that makes your drug crime a felony is the presence of aggravating factors. An aggravating factor is a circumstance that makes a crime more serious. The following aggravating factors raise a drug charge to a felony:
- Causing bodily harm or death through drug use or sale
- Selling drugs to pregnant women or minors
- Committing the offense in combination with child abuse or endangerment
- Involvement in drug sales that fund other criminal activities
- Judges may consider these aggravating factors when deciding on sentencing
Find a Seasoned Criminal Defense Lawyer Near Me
Drug crimes attract serious criminal charges. However, prosecutors in California can file a felony or misdemeanor charge against you for a drug offense. Some of the factors that make your drug crime a felony are if the crime involves a large quantity of the substance, trafficking, or the intent to sell.
Also, you can face a felony charge for involving a minor in your drug operations or handling other aggravating factors. Facing a felony charge is more serious because it could cause you to spend decades behind bars and have a permanent criminal record. If you are in this predicament, you will need the insight of a reliable attorney.
Your lawyer will investigate the circumstances of your case and negotiate for a felony reduction or case dismissal. We offer expert legal guidance and representation for clients battling drug-crime charges at Long Beach Criminal Attorney. Contact us at 562-308-7807 from Long Beach, CA, to discuss your case.