The felony of possession of a Controlled Substance for Sale is charged when the individual would have in his possession any of the controlled substances with that intent of selling them. The individual may need to hire the highly experienced Los Angeles Criminal Defense Lawyer as per the,
The following are the kinds of controlled substances such as:
All other drugs and narcotics.
A defendant will be charged with the felony when he is caught in the following acts:
When the defendant is in the act of selling;
When he is in possession of a controlled substance with enough proof to show that he has an intention to sell.
When he has the intent to sell and acts in the presence of the substance, cash, and even packaging materials.
Elements of a Possession of a Controlled Substance for Sale charge
The elements of Possession of a Controlled Substance for Sale are any of the following:
Control – the power of control of the controlled substances means that at any given point the defendant would have the option to use the substance at any time, to sell it, or to dispose of it by any of the means possible.
Intent to Sell – The intent to sell may be presumed in any of the following acts such as when the defendant was caught in the presence of;
the quantity of the drug;
how it is packaged; or
the existence of packaging materials in the same location;
the amount of money found on defendant or near the drugs; and
the absence of paraphernalia indicating personal use.
Knowledge – the defendant knows and has knowledge of the past that he has a controlled substance in his possession.
Quantity – the amount of controlled substance possessed by the defendant would also show if he has the intent to sell or if the possession is specifically for personal use only.
Punishments for Possession of a Controlled Substance for Sale
When it is charged as a felony, it is punishable by two, three or four years in state prison.
The higher penalty is given when the amount of controlled substance is higher.
Defenses to a Possession of a Controlled Substance for Sale charge
The defenses against the charge of Possession of a Controlled Substance for Sale charge will depend on the facts of the case and the quality of lawyer that the individual would hire but ultimately, the following are the defenses that are often used:
Lack of Intent to Sell
Unlawful Search and Seizure
Lack of Knowledge
Lack of possession
Whatever defense that the individual may have, it is still best supported by a Criminal Defense Lawyer Los Angeles County who knows what he is doing and how he can do the defense.