What are the factors or elements for 11350 H&S?
It is a crime in California to:
- Manufacture or sell an imitation controlled substance (“bunk” drug), or
- Substitute an imitation controlled substance after offering to sell the real thing.
California bunk drug laws apply to both pharmaceuticals and illegal (street) drugs.1
Which law you are charged under depends on what, precisely, you do.
We are a firm whose lawyers include former prosecutors and cops. We have a great deal of experience in California cases involving both real and imitation drugs.
- Felony Conviction
- 16 months-3 years in prison
- 3-5 years probation
- $70-$10,000 in fines
- Community Service, an amount as determined by the court
Potential Immigration Consequences:
Bar from relief from removal proceedings:
- Under the law, “any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.” 8 U.S.C. § 1127(a)(2)(B)(i). “Drug addicts and abusers are deportable and inadmissible even without a conviction. Likewise, those who the government has reason to believe are or were drug traffickers or their assistants are inadmissible, even without conviction. 8 U.S.C. § 1227(a)(2)(B)(ii).
May be considered an “aggravated feony” for immigration purposes
- Aggravated Felony: This is a predetermined category of crimes that, include both misdemeanor and felony offenses, which can bar a noncitizen from utilizing many different forms of immigration benefits. If you are convicted of a crime that is automatically considered an aggravated felony, it will likely subject you to removal proceedings before an immigration judge. Here, a conviction under 11350(a), depending on the circumstances, MAY be considered an aggravated felony.
How can we defend you against charges of California Penal Code 11350 H&S Possession of a Controlled Substance?
Legal defenses to California charges involving imitation drugs include (but are not limited to):
- You didn’t do it
- You didn’t know it was an imitation drug
- The substance was for your personal use
- What you were making or selling wasn’t intended to fool anyone
- The other person knew it was an imitation
- What you offered to sell was not a controlled substance
- The substance was found during a violation ofCalifornia search
- The police violatedCalifornia entrapment laws
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on drug crimes charges for more info.