California uses CA Health and Safety Code Section 11355 HSC: Sale of Substitute Substance to prosecute individuals accused of arranging to sell a controlled substance and then providing an imitation or fake drug instead.
HSC 11355 allegations can result in harsh penalties, including fines and jail time. You can learn more about this charge and other California Health and Safety Codes with a team of legal professionals who can also assist with a defense against these allegations.
What Are HSC 11355 Charges?
HSC 11355 charges allow the court system in California to prosecute individuals accused of selling a substitute substance. These charges require the prosecution to show that the accused:
Made Arrangements to Sell a Controlled Substance
Individuals should only face charges under HSC 11355 if the prosecution can prove that they offered or arranged to transport, give, or sell some type of controlled substance to someone else.
Deliver a False Drug
The prosecution must prove that an individual arranged to deliver or actually delivered a fake or substitute drug after promising to supply something else. An individual must go through with delivering the substance to face a HSC 11355 conviction.
Why Does California Prosecute the Sale of Fake Drugs?
California uses HSC 11355 charges in an attempt to deter or punish individuals who plan or intend to engage in the trafficking of illegal drugs. The law also intends to punish the defendant for potential harm caused to a victim.
Individuals can face many other charges for the sale or possession of controlled substances, including:
- CA Health and Safety Code 11378(a) Possession of Methamphetamine for Sale
- CA Health and Safety Code Section 11352 HSC: Sale or Transportation of a Controlled Substance
- CA Health and Safety Code Section 11360 HSC: Selling Marijuana
An attorney can provide more information about all of these charges and explain options for defense strategies.
Penalties for HSC 11355 Violations
California considers CA Health and Safety Code Section 11355 HSC: Sale Of Substitute Substance a wobbler. Therefore, the prosecution can choose to treat this charge as a misdemeanor or a felony, depending on the facts surrounding the alleged crime.
The penalties for a conviction will depend on how the prosecution treats this charge. For example, a misdemeanor conviction could result in up to a year of time in county jail. A felony conviction could result in up to three years of jail time.
Individuals convicted of a HSC 11355 violation may also face time on probation.
Defenses Against HSC 11355 Charges
Attorneys can use several defenses to handle CA Health and Safety Code Section 11355 HSC: Sale of Substitute Substance allegations. Depending on the circumstances surrounding an arrest, a lawyer may argue that their client:
- Never delivered or arranged to deliver a substitute substance
- Never promised or agreed to provide a controlled substance
- Faced an unlawful search and seizure
It’s crucial to reach out to an attorney quickly after an arrest for a HSC 11355 violation so they can immediately get to work on a defense.
How Lawyers Handle HSC 11355 Charges
An attorney may look into several strategies to successfully resolve HSC 11355 charges. For example, a lawyer may focus on:
Reducing HSC 11355 Allegations
In some cases, a lawyer may work with the prosecution to secure a plea bargain on behalf of a client. Plea bargains require an individual to admit fault to a less severe charge in exchange for reduced penalties.
For example, the prosecution may agree to reduce a felony accusation to a misdemeanor offense. However, plea deals are not always in the best interest of the defendant. An individual should always confer with their attorney before accepting one of these deals.
Getting HSC 11355 Charges Dropped
In some situations, a criminal defense lawyer can take steps to get a sale of substitute substances charge dropped by the court. A judge may dismiss these allegations if a lawyer can show that the prosecution had insufficient evidence or if the police violated the rights of the accused during the legal process.
Fighting HSC 11355 Allegations in Court
An attorney can also aggressively represent a client in court, providing evidence and questioning witnesses. It’s crucial to have an attorney’s help throughout all stages of the legal process to have a stronger chance of successfully resolving these allegations.
Learn More About HSC 11355 Charges
You can learn more about CA Health and Safety Code Section 11355 HSC: Sale Of Substitute Substance from a professional legal team. An attorney can explain this charge in detail, answer all of your questions, and help you build a defense if necessary.
Los Angeles DUI Lawyers can help you get in contact with a criminal defense law firm that can put you first and provide the dedicated support that you need. You can reach out to us now to discuss your situation and the steps that you need to take after an arrest.