Drug Charge Lawyer in Santa Ana

Possession of illegal substances can lead to misdemeanor or felony charges in California. A conviction on drug charges is likely to impact your future in numerous ways, and the Law Office of Sheny Gutierrez is dedicated to protecting your rights and securing the best outcome for you. Contact us for legal advice or to schedule a free consultation.

Drug Classifications

California classifies drugs into categories called schedules, which are largely dictated by the potential for abuse and addiction. There are five schedules, with the least dangerous drugs falling into Schedule V.

Schedule I

This is considered the most dangerous and highly addictive drug category. It includes substances like heroin, marijuana, hallucinogenic mushrooms, ecstasy, and LSD.

Schedule II

This category includes fentanyl, methamphetamine, morphine, oxycodone, and cocaine.

Schedule III

Anabolic steroids and ketamine fall into this category.

Schedule IV

Diazepam and Ativan are Schedule IV drugs.

Schedule V

Analgesic, antidiarrheal, and cough medicines are often considered Schedule V substances.

Notice that marijuana is classified as a Schedule I drug. While federal law does consider cannabis to belong in that category, possession for recreational use is legal in California.

Drug Crimes in California

What factors are considered when determining the existence and severity of drug charges in Orange County? The type of drug, the amount possessed, the intent to sell, and various aggravating factors will be weighed heavily in a drug crime case.

If you were caught in possession of a controlled substance listed in Schedule I or II, the penalties would likely be more severe than if the drug had fallen into Schedule IV or V. The quantity of the drug is also a substantially important factor because large quantities could suggest the intent to distribute or sell the drugs, which brings harsher criminal charges and sentencing. Very large amounts of drugs can lead to drug trafficking charges, as well.

Defendants may be charged with felony drug possession instead of misdemeanor if there were aggravating circumstances. Examples of aggravating circumstances include being caught with drugs in the vicinity of a school, possessing a firearm, or having the drugs in the presence of a minor.

Obtaining a criminal defense lawyer to represent you in your drug possession charges is pivotal to the success of your case. Such severe charges require assistance from someone who understands the complexities of the criminal justice system and can develop effective defense strategies. Sheny Gutierrez is an experienced and trusted defense attorney in Santa Ana who has successfully represented dozens of clients in their Orange County criminal cases.

Drug Charges and Penalties

Simple possession of an illegal drug is generally charged as a misdemeanor unless you have prior convictions. Misdemeanor charges have a maximum of 1 year in jail and up to a $1,000 fine, while felony simple possession can lead to as many as 3 years in jail and up to $10,000 in fines.

Possession with the intent to sell is a felony leading to up to 4 years in jail or formal probation. Again, some drug convictions carry harsher sentences depending on the type of drug. Cocaine, for example, can result in up to 5 years in jail and $20,000 in fines.

Drug trafficking is always a felony and carries sentences of anywhere from 3 to 9 years in jail and up to $20,000 in fines. Formal or felony probation may be an option in some trafficking cases, but this option is rare if you have prior convictions or were selling large amounts of heroin. Additionally, harsh penalties are likely if the judge determines that you knew the person you were providing drugs to was a felon, was pregnant, or was someone being treated for addiction or a mental health disorder.