If you are facing charges under HS 11350, it is critical to contact an experienced attorney immediately. Our HS 11350 defense team at LAWSTACHE LAW FIRM helps clients understand the law and protect their rights against possession of controlled substances charges.
Elements of HS 11350 Possession Charges
To convict someone under HS 11350, the prosecution must prove:
- Unlawful possession of a controlled substance
- Knowledge of the substance’s presence
- Knowledge of the substance’s nature or character as a controlled substance
- The controlled substance was in a usable amount
Defenses to HS 11350 Charges
Common defenses include:
- Lack of control or possession
- Momentary possession
- Lack of knowledge of the substance
- Valid prescription for the substance
- Failure to follow proper police procedures
Punishment
Possession under HS 11350 is traditionally a felony, punishable by 16 months, 2 years, or 3 years in county jail. Individuals may also face parole or probation. After November 4, 2014, Proposition 47 reclassified possession for personal use as a misdemeanor, with a maximum of one year in jail.
Frequently Asked Questions
Can you be charged with possession of narcotics if you didn’t intend to use or sell them? Yes. The purpose of possession is irrelevant; prosecution only needs to prove the elements listed above.
Can you be charged with HS 11350 if you didn’t know about the drugs? No. Knowledge of the drugs’ presence is required. For example, if someone else placed drugs in your car and you were unaware, prosecution cannot prove knowledge.
Can I be convicted for prescription medication? Yes. Possessing a legal prescription without a valid prescription from a licensed doctor constitutes a violation.
Can I be convicted if the drugs were just in my car? Yes, possession includes having controlled substances in your car even if not held in your hand.
Related Drug Crimes
- Possession of a Controlled Substance in California | HS 11350 (a)
- Possession of a Controlled Substance with Intent to Sell | HS 11351
- Transportation for Sale of a Controlled Substance | HS 11352
- Possession of Marijuana | HS 11357
- Marijuana Cultivation | HS 11358
- Possession of Marijuana for Sale | HS 11359
- Marijuana Sale & Transportation | HS 11360
- Possession of Drug Paraphernalia | HS 11364
- Possession of Methamphetamine | HS 11377
- Manufacturing a Controlled Substance | HS 11379.6(a)
If you have been charged under HS 11350, call LAWSTACHE LAW FIRM at 619-357-6677 for experienced San Diego criminal defense and expert HS 11350 defense.