It is illegal under California Health and Safety Code 11352 HSC to sell or transport controlled substances in California. California defines a controlled substance as any drug that is manufactured and regulated by the government. A list of controlled substances that are commonly referred to as narcotics and are illegal under the HS 11350 include, but are not limited to:
In order to be convicted for selling or HSC 11352, transporting controlled substances the prosecutor must prove the following elements of the crime:
If the prosecutor cannot prove each of the elements of the crime beyond a reasonable doubt then you will not be convicted of selling or HSC 11352, transporting controlled substances. However, if you are convicted then you will face serious crimes because HSC 11352, Transporting Controlled Substances is a felony. The possible sentencing for HSC 11352, Transporting Controlled Substances is as follows:
There are some factors that will increase your sentencing:
As previously mentioned, in order for you to be convicted for HS 11352 the prosecutor must prove the following elements of the crime beyond a reasonable doubt:
In order to understand what the prosecutor has to prove it’s important to have a full understanding of the language of the law.
The first element of the crime states that in order to be convicted of the crime you must either transport, import, sell, administer or give away the drugs. California defines HSC 11352, transporting controlled substances as moving them, even a short distance, by some means, either by walking, skateboarding, taking the train, etc. the only requirement is that you move the drugs.
The second and third elements pertain to knowledge; either knowing that you had control of the drugs and that you knew the drugs were indeed controlled substances. The prosecutor does not need to prove that you knew what kind of drugs they were, only that they were drugs. If you have a prior drug conviction then these two elements of the crime are easy for the prosecution to prove.
There are legal defenses that your criminal defense attorney can implement to prove your innocence. The first thing that your attorney will investigate is whether or not the evidence acquired against you was collected lawfully. If your attorney can prove that the police exercised any misconduct then the judge will have to drop the charges against you and drop the case.
Next, your attorney will investigate whether you were the victim of entrapment because selling and HSC 11352, transporting controlled substances crimes often involve a police sting operation. If you were coerced into acting differently then you normally would have because of undercover police involvement then it’s likely that you will not be found guilty. It will then become the job of your attorney to point out to the jury and judge that the police lured you into an illegal act that you normally would not have performed.
If you didn’t know that you were carrying the drugs then you cannot be convicted of HSC 11352. However, it must be proven in court that you didn’t know about the controlled substances and as previously stated, if you have a prior conviction then this legal defense becomes increasingly difficult for your attorney to prove.
These are only the most common legal defense strategies and might not apply to your case but there’s still hope. If you or a loved one is facing HSC 11352, Transporting Controlled Substances charges then it’s imperative to discuss your case with an effective and knowledgeable attorney.
If you or a loved one is being charged with violating CA HSC 11352, transporting controlled substances we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. Our experienced and assiduous Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call LAW MART for a FREE Case Review: 310-894-6440
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