If you have been arrested for possession of heroin in California, make sure to act quickly. Such charges are treated more seriously by the prosecution, turning them into a nightmare to handle. To avoid harsh legal consequences, like prison time, probation, and fines, the defense strategy must be well thought through, aggressive, and comprehensive.At My Rights Law, we take pride in our handling of heroin crime cases in California. We know how it can affect your future, meaning our drug crime defense lawyers do everything within the law and their power to protect you. From heroin possession charges to drug paraphernalia cases, we know how to represent you and fight back aggressively. We know California heroin laws inside and out also will work aggressively to get your charges dismissed, reduced, or resolved through diversion when possible.
You might ask yourself, “Is heroin legal in California in certain contexts?” No, and most likely will not be. Under both state of California and federal controlled substance laws, heroin is classified as a Schedule I controlled substance, meaning it has a high potential for abuse and no recognized medical use.Here are the most common heroin-related charges you may face:
Each offense falls under specific sections of the California Health and Safety Code, affecting your penalties and legal options.
You could face charges under Health and Safety Code Section 11351 if authorities suspect you of possessing heroin for distribution purposes as well as for personal use. This is a felony that frequently occurs when someone is found in possession of heroin, together with scales, baggies, huge sums of money, or other evidence of sales.
Section 11352 of the Health and Safety Penal Code imposes penalties for transporting or offering to sell heroin, even if no transaction is made. Similar to 11351, this is a felony charge that has severe consequences, such as years in jail, especially if the incident involved minors or happened close to a school.
Possession of objects used to consume heroin, such as syringes or spoons with residue, may result in further charges under Health and Safety Code Section 11364. Despite being a misdemeanor, possessing drug paraphernalia carries penalties such as jail time, probation, and fines.
Based on the circumstances of the arrest and your prior convictions, you may face legal consequences for heroin. Your criminal record, the quantity of the controlled substance, violence, minor, or weapon involvement can all affect how the case is prosecuted.
Some heroin possession cases—particularly for first-time offenders or small amounts—may be charged as misdemeanors under 11350. You could face:
More serious heroin offenses, such as heroin for sale or transportation, are charged as felonies and carry much harsher outcomes. If convicted, you could face:
Thanks to reforms like Proposition 36, some individuals may qualify for treatment rather than jail time. Drug crime lawyers can often secure entry into drug diversion or rehab programs that avoid jail and even help keep the criminal charges off your record.You may be eligible for:
Our team may be able to argue for alternative sentencing based on irregularities in testing and determining the drug, a lack of intent to sell, or other mitigating factors.
Our firm has years of experience defending heroin offenses throughout California, from Los Angeles heroin arrests to rural county cases. While every case is unique, common defense strategies include:
Your defense attorney will review all evidence and may be able to suppress improperly obtained proof, secure reduced charges, or achieve a full dismissal.
If you’ve been charged with a heroin-related crime, don’t wait. The sooner you speak with a Los Angeles heroin attorney, the sooner you can begin building your defense. At My Rights Law, our team includes skilled criminal defense attorneys who understand how to navigate the complex web of heroin laws and get real results.Whether you’re facing a felony or misdemeanor, don’t try to handle it alone. Our firm has helped countless clients in Los Angeles and throughout California overcome heroin-related arrests and move forward with their lives.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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