Former Sr. Prosecutors | Los Angeles Heroin Possession And Sales Defense Attorneys
Possession of Heroin (also commonly referred to as “H” or “Smack”) is one of the most most addictive street drugs, and it is prosecuted aggressively in Los Angeles for that reason. Whether you have a long criminal history of drug arrests, or you are facing a 1st offense misdemeanor Heroin possession, it is in your best interests to consult with an experienced criminal lawyer to learn what you should do next, as well as whether you qualify for alternative sentencing to avoid a misdemeanor conviction and criminal record.
After Prop. 47 passed in 2014, reducing possession of Heroin for “personal use” charges from a felony drug crime to a misdemeanor offense, the trend towards decriminalization of simple possession began. However, while possessing controlled substances, such as Heroin, Cocaine, and Meth are no longer categorized as felony crimes, even a misdemeanor drug-related conviction can have the same detrimental impact as a felony offense on future employment prospects, current or future professional licensing, and citizenship eligibility. These collateral consequences can be avoided with the guidance and representation of a drug possession defense lawyer with experience defending drug-related charges throughout each of the Los Angeles criminal courts.
Since 1987, Los Angeles criminal defense lawyers, Mr. Paul Takakjian and Mr. Stephen Sitkoff, have successfully defended a wide array of drug charges ranging from misdemeanor possession of Meth, Cocaine, Marijuana, Ecstasy (MDMA), Heroin, and prescription drugs, to more serious felony drug offenses, such as possession with intent to sell and drug trafficking. Call us now at (888) 579-4844 for a free consultation to discuss your case and to learn how we may be able to resolve your case while preserving your clean record.
Our Heroin Possession Defense Approach
As a board certified criminal law specialists and former LA narcotics prosecutors with almost 70 years of combined trial experience, Mr. Takakjian and Mr. Sitkoff each bring with them an unmatched depth of legal defense experience into every Heroin possession case they defend. Whether it is attacking a specific element of the prosecution’s case, such as warrantless or illegal searches to utilizing their relationships with prosecutors and judges throughout the Los Angeles Superior Court system to negotiate a dismissal of charges through diversionary sentences, our firm is committed to securing the best possible outcomes for you. To ensure we achieve our case goals, we will thoroughly investigate the following aspects of your case:
- Did law enforcement have probable cause to search your vehicle, home or person?
- Did you have “actual” or “constructive” possession of Heroin?
- Was the warrant used by law enforcement to search your vehicle or home obtained legally and properly?
- Were your Miranda rights violated after your arrest and subsequent interrogation?
Alternatively, if your case involves strong evidence, such as your confession, video or audio evidence, and/or reliable witness testimony, a dismissal or reduction of charges can still be attained through PC 1000 or Deferred Entry of Judgment (DEJ).
Possession Of Heroin Penalties
If you have been cited, arrested or charged with a misdemeanor H&S 11350 - Possession of Heroin in Los Angeles or anywhere else in Southern California, you face the following potential sentence:
- Summary (unsupervised) probation
- Up to $1,000 fine
- Up to 1 year in County Jail
- Court ordered substance abuse rehabilitation program
- Community service or labor
- Criminal record
Can Heroin Possession Be Charged As Felony In California?
Yes, if any of the following applies to you:
- You have been previously convicted of a prior serious or strikeable felony
- You are a registered sex offender under California Penal Code 290
Felony possession of Heroin in California carries the following potential penalties:
- Formal (supervised) probation
- Up to 3 years in State Prison
- Court ordered substance abuse rehabilitation program
- Community service or labor
- Criminal record
Possession Of Heroin For Sale | H&S 11351
The quantity of Heroin you are found in possession of and the way in which the substance is packaged can result in charges of possessing Heroin with intent to sell under H&S 11351. In addition to the amount of Heroin in your in possession and the method of packaging, possessing a large amount of cash and other “tools of the trade,” such as a scale and ledger can also raise suspicion that you intended to sell the Heroin found in your possession. Heroin sales and distribution charges are prosecuted as “straight felonies,” meaning it cannot be reduced to a misdemeanor drug charge. Furthermore, possession of Heroin for sale is not eligible for drug diversion. If you are charged with felony possession of Heroin for sale, you face the following punishments:
- Up to 4 years in California State Prison
- Up to $20,000 fine
- Cash and property seizure
- Formal probation
- Community service/labor
- Court ordered drug education program
- Felony criminal record
Why Retain Our Los Angeles Drug Defense Lawyers?
Whether you have been arrested for a first offense drug charge, or you have an extensive criminal history, we have the experience and expertise to raise the best legal defense possible to ensure your case is resolved at the lowest possible level. As a client of our drug defense firm, you will be represented by a former senior LA prosecutor who previously prosecuted drug crimes in each of the criminal courts in LA County. Mr. Takakjian and Mr. Sitkoff have over 70 years of combined criminal trial experience, and both are considered among the best criminal defense lawyers in Southern California. Contact our West Los Angeles office now at (310) 312-8055 or toll-free at (888) 579-4844 to schedule your free no-obligation consultation to review the facts of your case and how we can help you. For our clients’ convenience, we maintain satellite office locations in the following cities: