Heroin is a highly addictive, criminalized substance that is made from morphine, which is a primary component of opium. Due to its euphoric effects, it is used by more than a million people in the United States, many of whom are chronic users or addicts. Heroin addiction is devastating due the severity of withdrawal, and many addicts perpetuate their habit just to feel normal. Despite this, heroin users are subject to harsh criminal penalties in California and most other U.S. states. Rather than being treated as an illness, heroin use is still regarded severely by the law. This is why users should seek legal assistance if they are facing drug-related charges.
The experienced Irvine drug crime defense attorneys at the Law Offices of David a. Stein keep the interests of our clients in the forefront of their mind. We are deeply familiar with the most effective defense strategies in court and excel in the trial setting. With your future on the line, you want an attorney who has a track record of success in case like yours. Please call us today at (949) 445-0040 for a free, no obligation consultation.
Laws and Penalties
Heroin is a Schedule 1 substance under the California Uniform Controlled Substances Act, meaning it is among drugs that are considered the most dangerous of all the drug schedules due to their high potential for abuse. Accordingly, all criminal charges associated with it are met with strict penalties.
Health and Safety Code 11350 HS, or California’s “personal possession of a controlled substance” law, prohibits the possession of heroin. Anyone who is found to have violated this law may face a felony conviction, punishable by 16 months to three years in state prison and a fine of up to $20,000. Fortunately, a convicted individual may participate in a California drug diversion program in lieu of serving a prison term. Successful completion of the program results in dismissed charges. These programs are available through Proposition 36, Penal Code 1000 PC, and California drug courts.
Health and Safety Code 11351 HS, or California’s “possession of purchase of a controlled substance for sale” law, regards heroin possession with the intent to sell as a more serious crime than mere possession. If an individual is convicted of this felony charge, he or she may face up to four years in state prison and a fine of up to $20,000. However, if more than one kilogram of heroin was found on his or her person, and intent to sell is established, then he or she may face an additional three to 25 years in state prison along with extremely fines exorbitant that could total $8,000,000.
There are other laws regarding the transportation of heroin and even being under the influence of heroin that are met with their own criminal penalties. Speak with a knowledgeable attorney to learn about the potential penalties of your heroin-related crime.
A Dependable Legal Team in Orange County
At the Law Offices of David A. Stein we have the knowledge and resources to employ effective defensive strategies for your case. After conducting an investigation of your circumstances, we may be able to get your charges dropped by scrutinizing weaknesses in the prosecution’s claim. If not, then we will negotiate potential for reduced penalties or alternative sentencing options. For more information on your specific case, please contact us today.