Sale and Transportation for Sale of a Controlled Substance is the unlawful sale, transportation for sale, importing into the State of California, furnishing, administering, or giving away of a wide variety of illegal drugs or prescription drugs without a prescription.
The mere suggestion of the sale, importation, or transportation is also charged under this crime. The following are the controlled substances that fall under this charge:
All other drugs and narcotics
Cocaine
Crack cocaine
Ecstasy
Heroin
Marijuana
Methamphetamine
Prescription pills
Steroids
Elements of a Sale and Transportation for Sale of a Controlled Substance charge
The act of selling, transporting for sale, importing into California, furnishing, administering or giving away a controlled substance are easy to prove with any of the following acts:
Prohibited Act Occurred
Knowledge
Quantity
The act of offering the controlled substance can be proven by only two elements:
When there is an actual offer and the individual would offer any of the controlled substances, he can be charged with the crime
The intent to sell must also be proven.
Punishments for Sale and Transportation for Sale of a Controlled Substance
Sale and Transportation for Sale of a Controlled Substance is a felony punishable by three, four or five years in state prison.
Drug treatment under Penal Code section 1000 or Proposition 36 are not available alternatives to incarceration when the charge is Sale and Transportation for Sale of a Controlled Substance.
Defenses to a Sale and Transportation for Sale of a Controlled Substance Charge
There are a few defenses that could be up the sleeves of your lawyer and they are any of the following:
Entrapment
Lack of Intent to Carry Out an Offer to Sell
Lack of Knowledge
Unlawful Search and Seizure
A good lawyer would be able to defend his client with more of the defenses that are raised above. When charged with any of these, you should hire a good lawyer and make sure that you hear him out.
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