Drug Crime Lawyers in Bakersfield

Penalties for Drug Crimes in California

The penalties for drug convictions in California vary wildly based on the classification of the offense, the weight of the narcotics, and the defendant's prior criminal history. While California has shifted toward rehabilitation for minor offenses, prosecutors in Bakersfield and Kern County remain tough on drug crimes.

Misdemeanor Penalties

For simple possession under HS 11350, standard penalties can include:

• Up to one year in Kern County jail
• Formal or informal probation
• Fines of up to $1,000
• Mandatory community service

Felony Penalties

For commercial drug crimes, such as possession for sale, distribution, or manufacturing, the consequences scale significantly:

• Possession for Sale (HS 11351): Imprisonment in a California state prison for 2, 3, or 4 years and fines up to $20,000
• Sale or Transportation (HS 11352): State prison sentence of 3, 4, or 5 years. If the transportation crosses more than two contiguous counties, the sentence can increase to up to 9 years
• Manufacturing (HS 11379.6): State prison for 3, 5, or 7 years and fines up to $50,000

Sentence Enhancements

Penalties can escalate dramatically if certain aggravating factors are present. These include possessing drugs near a school or playground, involving minors in the drug trade, possessing a firearm alongside the narcotics, or having a high volume/weight of the substance (which can add 3 to 25 extra years to a sentence).

Legal Defense to Drug Crimes

A drug arrest is not an automatic conviction. The prosecution bears the burden of proving your guilt beyond a reasonable doubt. An experienced Bakersfield drug crime lawyer from Humphrey & Thompson can identify flaws in the state's case and build a robust defense strategy. Common defenses include:

• Unlawful Search and Seizure: The Fourth Amendment protects you against unreasonable searches. If the Bakersfield Police Department or Kern County Sheriff's deputies searched your home, vehicle, or person without a valid warrant, probable cause, or your explicit consent, any evidence they uncovered may be deemed "fruit of the poisonous tree" and thrown out of court.
• Lack of Knowledge: To convict you of possession, the prosecutor must prove that you knew the drugs were present and that you knew of their narcotic character. If someone left drugs in your car or backpack without your knowledge, you are not guilty of a crime.
• Lack of Possession: Just because drugs were found near you does not mean they belonged to you. If drugs were discovered in a shared apartment or a vehicle with multiple passengers, we can argue that the state cannot conclusively tie the illicit substances to you.
• Medical Marijuana/Prescription Exceptions: If you hold a valid, lawful prescription for the controlled medical substance found in your possession, this serves as a complete defense against illicit possession charges.
• Entrapment: If law enforcement officers used coercive, overbearing tactics to pressure you into committing a drug crime that you otherwise would not have committed, an entrapment defense may apply.

Diversion Programs in California

For individuals facing first-time or non-violent simple drug possession charges, California offers alternative sentencing options focused on rehabilitation rather than incarceration.

• Proposition 47 & PC 1000 (Deferred Entry of Judgment): This program allows eligible defendants to plead guilty to the possession charge, but the judge delays entry of the judgment while the individual completes a certified drug education or treatment program. Upon successful completion, the charges are completely dismissed.
• Proposition 36: This law requires judges to sentence eligible non-violent, drug-dependent offenders to probation and licensed drug treatment instead of jail time.

Our legal team excels at evaluating clients' eligibility for these diversion programs, shielding them from jail cells and preserving clean criminal records.