Welcome to Waite Law Firm – Your Trusted Defense Against Drug Crimes

Welcome to Waite Law Firm, where Peter Waite, an experienced criminal defense lawyer, is dedicated to providing expert legal representation for individuals facing drug crime charges in San Jose, California. With a commitment to protecting your rights and ensuring a fair legal process, we understand the complexities and seriousness of drug crime allegations and are here to fight for the best possible outcome for your case.

Understanding Drug Crime Charges in California

Drug crimes encompass a wide range of offenses related to the possession, sale, distribution, manufacturing, and trafficking of controlled substances. In California, these offenses are governed by various state statutes, including the California Health and Safety Code. Below are the primary types of drug crime charges in California:

Possession of Controlled Substances (California Health and Safety Code 11350-11356):
- Possession of controlled substances, such as cocaine, heroin, methamphetamine, and prescription drugs without a valid prescription, is a common drug crime charge in California.
- Depending on the type and quantity of the substance involved, possession charges can range from misdemeanors to felonies.

Possession for Sale (California Health and Safety Code 11351-11352):
- Possession for sale occurs when an individual is found to be in possession of controlled substances with the intent to distribute, sell, or transport them for profit.
- This offense is typically charged as a felony and carries severe penalties.

Drug Trafficking (California Health and Safety Code 11352-11379.8):
- Drug trafficking involves the transportation, distribution, or sale of controlled substances across state lines or internationally.
- This offense is considered a felony and can result in significant fines and lengthy prison sentences.

Manufacturing of Controlled Substances (California Health and Safety Code 11379.6):
- Manufacturing of controlled substances involves the production, cultivation, or synthesis of illegal drugs, such as methamphetamine or MDMA (Ecstasy).
- This offense is charged as a felony and carries harsh penalties, including imprisonment and fines.

Possession of Drug Paraphernalia (California Health and Safety Code 11364):
- Possession of drug paraphernalia, such as pipes, syringes, or scales, with the intent to use, sell, or manufacture controlled substances is prohibited under California law.
- This offense is typically charged as a misdemeanor.

Misdemeanor vs. Felony Drug Charges in California

In California, drug crime charges can be classified as either misdemeanors or felonies based on various factors, including the type and quantity of the controlled substance involved, the defendant’s criminal history, and the circumstances of the offense. Understanding the differences between misdemeanor and felony drug charges is essential for navigating the legal process effectively. Here’s an overview of the distinctions:

Misdemeanor Drug Charges:
- Misdemeanor drug charges are less serious offenses punishable by fines, probation, community service, and/or up to one year in county jail.
- Examples of misdemeanor drug charges include simple possession of small amounts of controlled substances and possession of drug paraphernalia.

Felony Drug Charges:
- Felony drug charges are more serious offenses that carry harsher penalties, including imprisonment in state prison for one year or more.
- Examples of felony drug charges include possession for sale, drug trafficking, manufacturing of controlled substances, and certain repeat offenses.

Penalties for Drug Crime Convictions in California

The penalties for drug crime convictions in California vary depending on several factors, including the type and quantity of the controlled substance involved, the defendant’s criminal history, and the circumstances of the offense. Here’s a general overview of potential penalties for drug crime convictions:

Misdemeanor Drug Charges:
- Fines of up to $1,000
- Up to one year in county jail
- Probation
- Community service
- Drug education or rehabilitation programs

Felony Drug Charges:
- Imprisonment in state prison for two years or more (depending on the offense)
- Significant fines
- Probation
- Mandatory drug treatment or rehabilitation programs
- Loss of certain civil rights, such as the right to own firearms

Committed to Your Defense

At Waite Law Firm, we understand the serious consequences of drug crime charges and the impact they can have on your life. We are committed to providing you with aggressive and effective legal representation to protect your rights and pursue the best possible outcome for your case. Whether you’re facing misdemeanor or felony drug charges, you can trust our experienced legal team to fight tirelessly on your behalf.

Contact Waite Law Firm Today

If you’ve been charged with a drug crime in San Jose, CA, don’t wait to seek legal help. Contact Waite Law Firm today at (669) 221-3430 to schedule a confidential consultation with Peter Waite and take the first step toward building a strong defense strategy. We’re here to stand by your side and fight for your rights.