It is an offense under California law to possess, manufacture, transport, or sell heroin. Heroin is an addictive and harmful drug unlawful in the United States. This drug is categorized as a Schedule I narcotic. This implies that the drug has no acceptable medical uses, and medical experts cannot prescribe it. It is also an offense to be intoxicated by heroin. Several laws in California prohibit the possession, manufacture, sale, transport, or use of heroin. You can face severe penalties if you violate heroin laws. The penalties can include a jail term, fines, and probation. You should seek the services of a competent drug attorney if you are accused of violating heroin laws.

Heroin Laws In California

You are likely to be charged under the following laws if the police arrest you on suspicion of heroin-related crime:

Possessing Heroin - Health And Safety Code 11350 HS

It is a crime under California HSC 11350 to possess a controlled drug/substance for its own use. This act is also known as "simple possession." You can be convicted of possessing heroin for your personal use if the prosecutor proves the following elements:

  • You carried heroin on your person, and you were aware of it

  • You intentionally stored heroin in your vehicle, house, or other place that was under your control

  • You and at least one other person had joint control of the heroin

Judges usually charge simple heroin possession as a misdemeanor. If you are found guilty of this offense, you can face a jail term that does not exceed one year in a county jail. You can also pay a fine that does not exceed $1000. However, you can avoid any jail term and have your charges dropped if you complete the drug diversion under:

  • Prop 36

  • Drug courts, or

  • Penal Code 1000 PC

On the other hand, you can face felony possession charges if you have a prior conviction of certain severe offenses like gross vehicular manslaughter while intoxicated, murder, or any other sex crime that requires sex offender registration. You can face a jail term of 16 months, two or three years if you are guilty of this crime.

Possession Heroin For Sale - Health And Safety Code 11351 HS

It is an offense under HSC 11351 to possess a controlled drug/substance with the intention to sell it. If the prosecutor claims that you possessed heroin for sale, he/she must prove these elements:

  • You had more drugs than an individual would typically consume, and the drugs were put in bags or containers that contained precise amounts.

  • You had a gun, presumably for self-defense, in heated drug deals.

  • You had a lot of money that you earned from previous drug sales.

  • You were spotted in places known for the sale of drugs.

Possession of heroin for sale is usually a felony. This offense can attract a jail term of two, three, or four years in a state prison. You can also face a fine that does not exceed $20,000. Your fine can be increased to $50,000 if:

  • You possessed heroin that exceeded 14.25 g

  • You have a prior conviction of possessing drugs for sale or selling drugs

Your prison sentence can be enhanced by three years to 25 years if the quantity of heroin exceeds one kilogram.

Transporting Or Selling Heroin - Health And Safety Code 11352

It is a crime under HSC 11352 to transport or sell heroin. This act is commonly known as "trafficking." You can face heroin trafficking charges if the prosecutor proves that you did the following:

  • Imported

  • Administered

  • Transported

  • Sold

  • Gave away

  • Furnished, or

  • Offered to do any of the above

Trafficking heroin is usually a felony. This crime can attract a jail term of three, four, or five years in a state prison. You can also face a fine that does not exceed $20,000. Your jail term can be increased to three, six, or nine years if you transport the drug across more than two county boundaries and you intend to sell heroin at the destination. Your fine can also be increased to $50,000 if:

  • The quantity of heroin was more than 14.25 g

  • You have a prior charge of violating HSC 11351 or HSC 11352

The court can impose an additional three to 25-year jail term in state prison if the heroin is more than one kilogram.

Being Intoxicated With Heroin - Health And Safety 11550 HS

It is also an offense under HSC 11550 for any person to be intoxicated by heroin, even if you are not in possession of any drugs. If the prosecutor accuses you of being intoxicated with heroin, this law requires the prosecutor to prove the following elements beyond a reasonable doubt:

  • Your mental or physical capabilities are impaired "in any detectable manner

  • Your impairment was caused by heroin

You can face misdemeanor charges if you are guilty of being intoxicated with heroin. Misdemeanor charges usually attract a jail term that does not exceed one year in a county jail. In some situations, however, you can avoid a jail term by enrolling in a diversion program.

Driving While Intoxicated With Heroin - Vehicle Code 23152(f) VC

It is a crime under VC 23152(f) for any motorist to drive a vehicle while intoxicated with heroin. The prosecutor must prove the following elements for you to be convicted of driving while high on heroin:

  • Heroin has affected your nervous system

  • Heroin has affected your muscles and brain

The crime of driving under the influence of drugs is usually charged as a misdemeanor. It is also punished, just like driving under the influence of alcohol (DUI). You can face a jail term that does not exceed six months in a county jail if it is your first conviction. You can also face a fine that does not exceed $1,000. Your driver's license can also be suspended, and the judge can order you to enroll in a DUI school.

Being Present When Another Person Is Using Heroin - Health And Safety 11365 HS

It is an offense under HSC 11365 to intentionally be present when another person is consuming heroin. You can only face the charges if the prosecutor proves the following elements:

  • You deliberately and willfully visited or were present in a place where another person was using heroin

  • You were aware that the other person intended to use heroin

  • You intended to aid and abet the other person to use heroin

  • you did or said something that did aid or abet someone else to use heroin

  • You were aware that your words or behavior aided or abetted another person to use heroin

You can face misdemeanor charges if you are guilty of violating HSC 11365. Misdemeanor charges can attract a jail term that does not exceed six months in a county jail. You can also face a fine of up to $1000. However, you can avoid jail terms by completing a diversion program.

Probation For Heroin Charges

You could face probation as an alternative to jail or prison time. The judge could impose probation on you and be administered at the county level. You could qualify for probation if you are a first-time offender. If you secure probation, the court will allow you to serve at least part of your sentence outside custody. Probation could be formal or informal, requiring check-ins with the probation officer, depending on your offense.

Probation only allows you to avoid incarceration if you promise to adhere to the conditions of your probation. Some of the conditions could include:

  • You should not commit an additional offense while on probation

  • Avoid using drugs

  • Requirement of good behavior

The judge will decide whether you continue with probation or go to jail if you violate your probation.

Drug Diversion Programs For Heroin Crimes

The following are the available drug diversion programs for people who violate the California heroin laws:

Penal Code 1000

You can qualify to participate in a drug diversion as outlined by PC 1000 if you are convicted of one of several minor heroin crimes. The drug diversion can include completing a court-approved drug program. This is also known as a deferred entry of judgment. Deferred entry of judgment is where you plead guilty to a heroin charge, and the court delays judgment or sentencing of a finding of guilt for a period that does not exceed 18 months.

The judge could also order you to undergo mandatory substance abuse counseling and random drug testing for at least six months. You will be put on unsupervised probation that does not exceed 12 months. The court will dismiss your heroin case if you complete the initial counseling and testing. Your case will also be dropped if you avoid new criminal charges during the remaining 12 months of probation. The charges will be wiped, and the record can be sealed upon program completion.

Charges like being intoxicated and simple possession qualify for drug diversion under Penal Code 1000. You can only be eligible if you have not had a prior drug conviction or have completed the program more than five years before your current arrest. On the other hand, possession for sale, transport, and DUI do not qualify. A skilled drug crime defense attorney could convince the judge to reduce your charges if you are not eligible for the program for being charged with a more serious drug charge.

Drug Courts And Proposition 36 Program

Drug courts and Proposition 36 are also standard diversion options. A drug court can order you to go for treatment, counseling, and other programs. You can be subjected to periodic judicial reviews as you undertake these programs. On the other hand, you can be required to participate in a one-year probation and treatment program under Prop. 36. You can be assigned to outpatient or inpatient treatment based on what the Health Department considers best.

A defendant can enter a plea to the drug charge as a condition of probation in the Prop 36 probation program. The court can order you to complete up to three years of drug treatment and counseling as prescribed by the probation department. Proposition 36 treatment has six levels. Level one is the least strict level that involves outpatient counseling and random drug testing. Treatment then ranges in intensity levels up to level six. Level six treatment involves inpatient residential drug treatment. The treatment level you must undergo during the program can fluctuate. You can be reassigned to lower levels of treatment if you are successful and compliant with the orders and rules of the program.

A higher, more stringent level of treatment can be assigned to you if:

  • In some way, show that you are not succeeding in the program

  • You violate probation

  • You are not compliant

You could be eligible to take part in the Proposition 36 program if you are convicted of simple drug possession. Individuals convicted of sales-related drug charges do not qualify. You could also be deemed ineligible if you have suffered convictions in the past five years that fall under California's "Three Strikes" statute provisions. A competent drug crime defense attorney could also convince the judge to reduce your charges if you are not eligible for Proposition 36 probation for being charged with a more serious drug charge.

Defenses For Possession, Sale, And Trafficking of Heroin Charges

Some of the defenses you can present with your attorney to fight heroin charges include:

Not Impaired By Heroin

Sometimes, law enforcement officers arrest people for DUID or being intoxicated with heroin when the suspects have a medical problem like a seizure. Seizure typically has nothing to do with drugs. You can use your medical records to prove that there was a legitimate medical excuse for your conduct. Your attorney can allege that the law enforcement mistook the symptoms of an illness as heroin intoxication. The judge can drop your case if your attorney convinces the court.

Eyewitness testimony and surveillance videos can be crucial evidence in this situation. Your attorney can also seek expert witnesses to comb over the prosecutor's evidence. He/she can also discover instances of police misbehavior, which can weaken the prosecutor's arguments.

You Are A Victim Of False Accusations

Someone else can try to get you into trouble because he/she is angry with you and wants revenge. In this situation, your attorney can comb through your accuser's voicemails and text messages to prove their motivations to lie. Your attorney can then impeach your accuser's credibility on the witness stand.

You Were Not Aware That The Presence Of Heroin

You cannot face charges for possessing, selling, transporting, or using heroin unless the prosecutor provides evidence showing that you knew that heroin was present. The judge can drop your charges if your attorney offers substantial evidence showing that another person could have planted the heroin on you or left it in your home without your knowledge.

You Are A Victim Of Police Entrapment

You can be under entrapment whenever an undercover police officer pressures you into selling or buying heroin when you were never predisposed to buy or sell it. The law enforcement officers can trick you. However, when they force you into doing something that you would never do, it is not to their pressure. Then it is them and not you that violated heroine laws.

You Were Never Planning On Selling The Heroin

The judge can drop your possession for sale charges and reduce your charges to simple possession if your attorney raises reasonable doubt about your intention to sell heroin. For example, the prosecutor can claim you had a lot of liquid money. In this case, your attorney can argue that the money had nothing to do with heroin deals. He/she can allege that you prefer using liquid money over payment apps in your daily transactions.

The Police Found Heroin Through Illegal Search And Seizure

Sometimes, law enforcement can make mistakes and violate your Fourth Amendment rights, like going outside the bounds of a search warrant or failing to get one. If law enforcement found heroin through an unlawful search, your attorney can request the judge suppress it as evidence. This can weaken the prosecutor's case against you, leading to dismissal.

Find a Competent Drug Attorney Near Me

Heroin is heavily regulated under California law due to its highly addictive nature. You can face severe penalties for possessing, using, transporting, or selling heroin. The likely penalties include fines, jail time, or probation. If you drive under the influence of heroin, you can have your driver's license suspended, like in the case of driving under the influence of alcohol. You should contact an experienced attorney immediately after the law enforcement officers accuse you of violating heroin laws.

Have you or a loved one been accused of violating heroin laws in Sacramento, CA? Our experienced attorneys at the Los Angeles Criminal Lawyer can help. It does not matter how complicated the allegations against you are. Our attorneys will evaluate the charges against them and devise the best possible defense strategy to fight them. We have represented many clients facing heroin charges and achieved satisfactory outcomes for their cases. For legal representation that you can depend on, contact us today. Call us at 310-502-1314 to speak to one of our attorneys.