Sale or Transportation of a Controlled Substance

Sale or Transportation of a Controlled Substance | HS 11352

The sale or transportation of a controlled substance is a grave offense under California law, specifically codified in Health and Safety Code Section 11352. Being charged with this violation can have profound and lasting effects on your personal and professional life. Convictions can result in severe penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record. These repercussions can extend far beyond the immediate legal consequences, potentially affecting your future employment opportunities, housing options, and eligibility for professional licenses.

At The Law Offices of Arash Hashemi, we understand the gravity of such charges and the stress they impose on you and your loved ones. Since 2003, our firm has been dedicated to providing robust and effective legal defense for individuals accused of drug-related crimes in Los Angeles. With over 20 years of experience in criminal defense, Attorney Arash Hashemi has successfully handled a wide range of cases involving the sale or transportation of controlled substances. Our team is committed to protecting your rights, ensuring you receive a fair trial, and tirelessly working to achieve the best possible outcome for your case.

Contact our office at (310) 448-1529 or fill out our online contact form to discuss your case and schedule a consultation.

Definition of HS 11352 under California Law

Health and Safety Code Section 11352 (HS 11352) defines the illegal activities involving the sale, transportation, importation, or giving away of controlled substances. Specifically, HS 11352 makes it unlawful for any person to:

• Sell, furnish, administer, or give away a controlled substance.
• Offer to perform any of these acts.
• Transport, import into California, or offer to transport controlled substances for sale or distribution.

What Constitutes the Sale or Transportation of Controlled Substances?

To be charged under HS 11352, the prosecution must prove certain elements beyond a reasonable doubt. These elements include:

1. Sale or Distribution: Engaging in the sale, administration, or giving away of a controlled substance. For instance, selling cocaine to an undercover officer would constitute a violation of HS 11352.
2. Transportation: Moving controlled substances from one location to another within the state of California. Transportation can involve carrying drugs in a vehicle, mailing them, or any other means of moving them.
3. Knowledge and Intent: The defendant must have known that the substance was a controlled substance and intentionally engaged in the prohibited act. Accidental or unknowing possession does not meet the criteria for HS 11352.

Examples of actions that can lead to HS 11352 charges include:

• Selling a small amount of heroin to an acquaintance.
• Transporting methamphetamine across county lines with the intent to distribute.
• Offering to sell prescription drugs without a valid prescription.

Elements of the Crime

To secure a conviction under HS 11352, the prosecution must establish the following key elements beyond a reasonable doubt:

1. Sale, Furnishing, Administering, or Giving Away: The defendant must have either sold, furnished, administered, or given away a controlled substance. This includes any act of transferring the substance from one person to another.
2. Transportation or Importation: The defendant must have transported or imported a controlled substance into the state of California with the intent to sell or distribute it. This includes moving the substance from one location to another within the state.
3. Offer to Perform Any of These Acts: The prosecution must prove that the defendant offered to sell, furnish, administer, give away, transport, or import a controlled substance, even if the act was not completed.
4. Knowledge of the Substance’s Nature: The defendant must have known that the substance involved was a controlled substance. This means the defendant was aware of the nature of the substance they were handling.
5. Intent to Engage in Prohibited Acts: The defendant must have intentionally engaged in one of the prohibited acts mentioned above. Accidental or unknowing involvement does not fulfill this element.

Specific Examples of Actions that Can Lead to HS 11352 Charges

• Selling Drugs: An individual sells a small amount of cocaine to an undercover police officer. This action meets the element of selling a controlled substance.
• Transporting Drugs: A person is caught driving from one county to another with a large quantity of methamphetamine hidden in their car, intending to distribute it upon arrival. This action fulfills the element of transportation with intent to sell.
• Offering to Sell: Someone offers to sell heroin to a friend, even if the transaction does not actually occur. This fulfills the element of offering to sell.
• Giving Away Drugs: An individual gives away ecstasy pills at a party. This meets the element of furnishing a controlled substance.
• Administering Drugs: A person administers a dose of a controlled substance, such as injecting heroin into another person. This satisfies the element of administering.

Common Controlled Substances Involved

• Cocaine: A powerful stimulant derived from coca leaves, commonly abused for its euphoric effects.
• Heroin: An opioid derived from morphine, known for its high potential for addiction and overdose.
• Methamphetamine: A highly addictive stimulant that affects the central nervous system, often referred to as meth or crystal meth.
• LSD (Lysergic Acid Diethylamide): A hallucinogenic drug that alters perception, mood, and various cognitive processes.
• MDMA (Ecstasy): A synthetic drug that acts as both a stimulant and hallucinogen, known for its use in party and club settings.
• Prescription Drugs (without a valid prescription): Includes drugs such as oxycodone, hydrocodone, and other painkillers or stimulants, when possessed or distributed without a prescription.

Explanation of the Different Schedules of Drugs and Their Significance

Controlled substances are categorized into five schedules under both federal and California law, based on their potential for abuse, medical use, and safety or dependence liability:

• Schedule I: These substances have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and ecstasy.
• Schedule II: These drugs have a high potential for abuse but have accepted medical uses with severe restrictions. Examples include cocaine, methamphetamine, and certain prescription medications like oxycodone.
• Schedule III: These substances have a moderate to low potential for physical and psychological dependence. Examples include anabolic steroids, ketamine, and certain codeine preparations.
• Schedule IV: These drugs have a lower potential for abuse relative to Schedule III and have accepted medical uses. Examples include Xanax, Valium, and other benzodiazepines.
• Schedule V: These substances have the lowest potential for abuse and contain limited quantities of certain narcotics. Examples include cough preparations with less than 200 milligrams of codeine per 100 milliliters or per 100 grams.

Penalties for HS 11352 Violations

• Prison Time: A conviction can lead to significant prison time. For a first offense, an individual might face three, four, or five years in state prison. If the offense involves transporting controlled substances across county lines, the prison term can be increased to three, six, or nine years.
• Fines: Substantial fines can accompany prison sentences. Offenders may be required to pay fines up to $20,000.
• Probation: In some cases, the court may grant probation instead of a prison sentence. Probation conditions can be strict and include regular drug testing, counseling, and community service. Failure to comply with probation terms can result in imprisonment.

Discussion of Factors That Can Influence the Severity of the Penalties

• Quantity of the Substance: Larger quantities of controlled substances typically result in harsher penalties. The greater the amount, the more severe the punishment.
• Type of Drug: The specific controlled substance involved can impact sentencing. Offenses involving highly addictive drugs like heroin or methamphetamine may result in more severe penalties compared to less dangerous substances.
• Prior Convictions: A defendant with prior drug-related convictions is likely to face more severe penalties. Repeat offenders often receive harsher sentences due to their criminal history.
• Circumstances of the Offense: Factors such as selling drugs near a school or involving minors can lead to enhanced penalties. The context of the crime plays a significant role in determining the punishment.

Aggravating Factors and Enhancements

Certain aggravating factors can lead to enhanced penalties under the law. These factors increase the severity of the offense and result in stricter sentencing:

• Large Quantities: Possession or transportation of substantial quantities of controlled substances can lead to enhanced penalties. The larger the amount, the more serious the offense.
• Involvement of Minors: If the offense involves selling or giving drugs to minors, the penalties are significantly increased. The law imposes harsher sentences to protect children and teenagers from drug-related harm.
• Transportation Across County Lines: Transporting controlled substances across county lines within California can result in enhanced penalties. This factor indicates a higher level of organization and intent to distribute on a larger scale.
• Drug Sales Near Schools or Public Areas: Selling or distributing drugs near schools, parks, or other public areas where children are present leads to stricter sentencing. The law aims to protect vulnerable populations from drug-related activities.

Examples of Common Aggravating Factors in HS 11352 Cases

• Selling Drugs Near a School: An individual caught selling methamphetamine within 1,000 feet of a school faces enhanced penalties due to the increased risk to students.
• Involving Minors in Drug Transactions: A person who uses minors to distribute heroin can receive a harsher sentence due to the exploitation of young individuals.
• Transporting Large Quantities: Someone found transporting several kilograms of cocaine across county lines with the intent to distribute will face enhanced penalties due to the significant amount involved.

Legal Defenses for HS 11352 Charges

• Lack of Knowledge: The defendant can argue that they were unaware that the substance in their possession was a controlled substance. This defense hinges on proving that the defendant did not know they were handling an illegal drug.
• No Intent to Sell: If the defendant can demonstrate that there was no intent to sell or distribute the controlled substance, they may be able to reduce the severity of the charges. This defense focuses on showing that the substance was for personal use rather than for sale.
• Entrapment: This defense is used when law enforcement officers induce a person to commit a crime they would not have otherwise committed. If the defendant can prove they were unfairly coerced into selling or transporting drugs, the charges may be dismissed.
• Unlawful Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If the evidence was obtained through an illegal search or seizure, it can be challenged and potentially excluded from the trial.
• Insufficient Evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt. If there is insufficient evidence to support one or more elements, the charges may be reduced or dismissed.
• Duress or Coercion: If the defendant was forced to sell or transport drugs under threat of harm, they might use this as a defense to show they acted under duress.

Importance of Challenging the Evidence and Procedural Errors

• Chain of Custody: Ensuring the integrity of the evidence from the time of seizure to its presentation in court is crucial. Any break in the chain of custody can cast doubt on the evidence’s reliability.
• Lab Testing: Verifying the accuracy of lab tests that identify the substance as a controlled drug is essential. Faulty or incorrect testing can weaken the prosecution’s case.
• Procedural Violations: Mistakes made by law enforcement during the arrest or investigation, such as failing to read Miranda rights or improper handling of evidence, can lead to the exclusion of evidence and potentially the dismissal of charges.

Why Choose The Law Offices of Arash Hashemi?

When facing charges for the sale or transportation of a controlled substance, you need a defense attorney with extensive experience and a proven track record. Arash Hashemi has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, Arash was already in court, participating in a bench trial. Over the years, he has handled a wide variety of criminal cases, from simple drug offenses to complex felonies.

Arash Hashemi has also represented thousands of Californians accused of violating their probation or parole and has argued cases before the California Court of Appeals. He is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. Currently serving as the 2024 President of the Criminal Courts Bar Association, Arash brings a wealth of knowledge, dedication, and a deep understanding of California’s criminal justice system to every case he handles.

• Successful Case Outcome
  • Superior Court of California, City of Los Angeles
  • Outcome: No State Prison – Probation Only
  • Case Overview: Charged with a violation of §11359(a) of the Health & Safety Code (Felony Possession of Marijuana for Sale), the defendant faced a potential 3-year State Prison sentence. The Court made a significant decision to sentence the defendant to 3 years’ probation. After a year and a half, the Court allowed the defendant to withdraw the guilty plea, plea to another related offense, and subsequently reduced the felony to a misdemeanor, ultimately expunging the case.
  • Resolution: Felony Reduced to Misdemeanor, Case Expunged

At The Law Offices of Arash Hashemi, we provide aggressive and personalized defense strategies tailored to each client’s unique situation. We understand the nuances of California drug laws and use our extensive legal knowledge to challenge the prosecution’s case effectively. Our team is committed to ensuring that every client receives a fair trial and the best possible outcome.

Contact Us

For expert legal assistance with your sale or transportation of a controlled substance charges, contact The Law Offices of Arash Hashemi. With over 20 years of experience in criminal defense, Attorney Arash Hashemi and his team are dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to providing a solid defense to protect your rights and future.

• Schedule a Consultation:
• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.