CA Health and Safety Code Section 11370.1 HSC: Possessing Controlled Substances and a Loaded Firearm is meant to address the risk of violence and crime when combining drugs and firearms.
Under this law, it is a felony to unlawfully possess any amount of specific controlled substances while in possession of a loaded, operable firearm. A conviction can mean years in state prison and thousands of dollars in fines.
If you are arrested and charged with HSC 11370.01, it is important to understand your rights and get the legal representation you need. Los Angeles DUI Lawyer can connect you with an attorney who understands California Health and Safety Codes.
Should You Hire a Lawyer?
If you are facing charges under HSC Section 11370.1, you are in an extremely serious situation, and it is not a good idea to try to handle the problem yourself. California is tough on drug crimes, and the penalties for this one are severe.
You may be able to rely on a public defender, but often they are overworked and underfunded. Many are fine lawyers, but they simply don’t have the time or resources to give your case the attention it requires.
A skilled criminal defense attorney who has experience with California drug laws can give you the best shot at getting out of your charges with as little possible disruption to your life. Don’t take chances when your future is on the line.
How a Lawyer Can Help With HSC Section 11370.1 Charges
An experienced attorney will work to fight your CA Health and Safety Code Section 11370.1 HSC: Possessing Controlled Substances and a Loaded Firearm charges. Here are some of the things they may be able to assist you with:
- Legal Advice: A lawyer can explain your rights and help you understand the charges against you. They’ll give their opinion on the best way to approach your case, but ultimately, the decision is yours.
- Investigation: A good legal defense firm can research and investigate your charge. They will review evidence to make sure events happened as the prosecution alleges, as well as make sure that proper procedures were followed.
- Challenge the Evidence: If your lawyer finds that police violated your right to due process or obtained evidence unlawfully, they can argue to have that evidence excluded.
- Argue for Altered or Dismissed Charges: In cases where your rights have been violated or if, through their investigation, they reveal discrepancies in the prosecution’s case, your attorney may be able to have your charges reduced or dismissed.
- Represent You In Court: Your attorney will appear with you in court for all legal proceedings. If you plead not guilty, they will work to challenge the prosecution’s case and earn an acquittal.
- Sentencing Negotiations: A lawyer can argue for an alternative sentencing option, such as probation or drug treatment programs, if you are convicted.
Definitions Under CA Health and Safety Code Section 11370.1
The language in HSC Section 11370.1 features two very specific criteria: The possession of a controlled substance while armed with a firearm. It is important to understand how the statute defines these criteria.
What is a Controlled Substance?
The statute lists specific controlled substances that warrant a charge under HSC § 1170.01:
- A substance containing cocaine base, cocaine, heroin, methamphetamine, or fentanyl
- A crystalline substance containing phencyclidine
- A liquid substance containing phencyclidine
- Plant material containing phencyclidine
- A hand-rolled cigarette treated with phencyclidine
If you are in possession of any amount of these substances and you are armed with a firearm, you can face a felony charge under HSC § 1170.01.
What Is Meant By Armed With a Firearm?
The specific language in the statute is armed with a loaded, operable firearm. This is clarified as having available for immediate offensive or defensive use. It is important to note that you do not need to brandish or use the firearm.
Penalties for Violating HSC Section 11370.01
If you are arrested for violating CA Health and Safety Code Section 11370.1 HSC: Possessing Controlled Substances and a Loaded Firearm, you will be charged with a felony.
This is potentially punishable by two, three, or four years in state prison and a fine of up to $10,000. Those charged under HSC §11370.1 are not eligible for California’s pre-sentencing diversion programs for those with mental illnesses.
How a Lawyer May Contest Your Charges
Remember that, in a criminal case, it is the responsibility of the prosecution to prove that you broke the law. If your attorney can inject reasonable doubt into the prosecution’s narrative, you may be able to beat your charges. Some ways they may do this include:
- Lack of Knowledge: For a conviction, the prosecution must prove that you knowingly possessed the firearm and the controlled substances. Your lawyer may be able to show you weren’t aware the drugs were present.
- Firearm Not Loaded or Not Operable: If your lawyer can show your gun wasn’t loaded, or didn’t function for some other reason, then your weapon was not available for immediate offensive or defensive use.
- No Access to the Firearm: Your attorney may be able to show that, although the firearm was in the vicinity, you did not have immediate access to it, and therefore were not armed.
- Illegal Search and Seizure: If the arresting officer violated your Fourth Amendment rights, important evidence or your whole case may be thrown out.
Get Help with Your HSC Section 11370.1 Charge
If you are charged with CA Health and Safety Code Section 11370.1 HSC: Possessing Controlled Substances and a Loaded Firearm, you have a serious problem. However, it isn’t a hopeless situation.
An experienced criminal defense lawyer can explore avenues for contesting your charges or minimizing their impact on your life. With the potential for years in state prison and up to $10,000 in fines, it is important to get legal help.
Los Angeles DUI Lawyers can connect you with an attorney who understands California statutes and who can advise you on your best course of action.
