Drug Offenses
01. Definition
Criminal act(s) involving controlled substance(s).
Schedule I: These are drugs with no accepted medical use.
Schedule II: Drugs with a high risk of dependency and abuse with little medical treatment applications.
Schedule III: Widely accepted as medical treatments.
Schedule IV: Minor risk of dependency and abuse, widely accepted for medical usage.
Schedule V: Very low risk of dependency and abuse.
02. Examples
Distributing
Manufacturing
Possession
Trafficking
Sales
Transporting
Health & Safety Code § 11054 [Schedule I]
(a) The controlled substances listed in this section are included in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation as listed in Health & Safety Code § 11054
Health & Safety Code § 11055 [Schedule II]
(a) The controlled substances listed in this section are included in Schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), as listed in Health & Safety Code § 11055
Health & Safety Code § 11056 [Schedule III]
(a) The controlled substances listed in this section are included in Schedule III.
(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances.
As listed in Health & Safety Code § 11056 [Schedule III]
Health & Safety Code § 11057 [Schedule IV]
(a) The controlled substances listed in this section are included in Schedule III.
(b) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in
Health & Safety Code § 11057
Health & Safety Code § 11058 [Schedule V]
(a) The controlled substances listed in this section are included in Schedule V.
(b) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone see Health & Safety Code § 11058
Distribution of a Controlled Substance
Possession for Sale H&S 11351
Possession for Sale of Methamphetamine H&S 11379
Manufacturing
Manufacturing Meth/PCP 11379
Trafficking/Transportation
Sales & Transportation of a controlled substance 11352
Sales
Possession of PCP for Sale H& S 11378.5
Possession of Methamphetamine for Sale H&S 11379
Driving Violations
DUI
VC 23152 1st Offense
VC 23540 2nd Offense
VC 23546 3rd Offense
03. Consequences
Ranging from misdemeanor to felony, but a prior criminal record may increase penalties. Don't get caught off guard. Get the best.
Driving Crimes
01. Definition
Violating the California Vehicle Code. A comprehensive set of laws that govern the operation, ownership, and registration of vehicles in the state of California.
Driver Licensing: Establishes the requirements for obtaining a driver's license, including knowledge and written tests, vision requirements, and age restrictions.
Traffic Laws: Defines traffic violations like speeding, reckless driving, failing to yield, and driving under the influence (DUI).
Vehicle Registration: Sets the rules for registering vehicles in California, including fees, required documentation, and renewal processes.
Vehicle Equipment: Specifies the required equipment for vehicles operating on roadways, such as headlights, taillights, turn signals, and braking systems.
Accidents: Outlines the procedures for reporting accidents and exchanging information.
02. Examples
DUI (Driving Under the Influence)
Driving Without a Valid License
VC 12500
Reckless Driving
VC 23105
Hit-and-Run
VC 20002
Flight
VC 2800.1
Speeding
VC22350
Vehicular Manslaughter
PC191.5
03. Consequences
The consequences of driving crimes in California vary greatly depending on the severity of the offense.
- Infractions: Minor offenses like speeding tickets or failing to yield typically result in fines and might add points to your license. There's usually no jail time involved.
- Misdemeanors: More serious offenses like DUI (driving under the influence) or reckless driving can lead to: Jail time (up to a year) Fines (ranging from hundreds to thousands of dollars).
Domestic Violence
01. Definition
Domestic Violence has many aspects. Assault, Battery, Criminal Threats, Stalking and much more. For example: Penal Code 13700 makes it illegal to inflict corporal injury on, or threaten to inflict corporal injury on, an intimate partner. Below are some examples of domestic violence, if you aren't sure what constitutes domestic violence, contact us today. Sex offenses, also referred to as sex crimes, are illegal sexual acts committed against another person. They can involve force, threats, or a victim's inability to consent. The Family Code expands protection to cover threatening or abusing relatives (blood or marriage) up to the second degree.
02. Examples
Child Abuse
PC273d
Child Endangerment
PC270
Criminal Threats
PC 422
Corporal Injury to a Spouse
PC 273.5
Domestic Battery
PC 242/243
Elder Abuse
Violating a Restraining Order
PC273.6
03. Consequences
Domestic violence crimes can lead to lifelong issues; it can include "no contact" limitations and can range from misdemeanor to felony and depends on criminal history, allegations, context, and specific charges. Find out today if you have any further questions or need the best criminal lawyer, Antonio Bestard.
Gang Offenses
01. Definition
The various parts of gang offenses include the crime which is participating in a criminal street gang while knowing its members engage in or have engaged in a pattern of criminal activity. Another part is the action: willfully promoting, furthering, or assisting in a felony committed by members of that gang. The last part is the penalty: a misdemeanor or felony.
02. Examples
Arson
PC451
Battery
PC 243
Auto Theft
VC10851
Burglary
PC 459
Drug Crimes
Homicide
PC187(a)
Kidnapping
PC 207
Robbery
PC 211
Shootings
Weapon Offenses
PC 12020 Posession of a Weapon
PC 12021 Possession of a Weapon by a Felon
PC 29800
Assault with a Deadly Weapon
PC 245
Discharge at inhabited Dwelling
PC246
Extortion
PC 520
03. Consequences
Enhancements can alter the sentence drastically, lengthening it. Enhancements are not automatic. Question the evidence, call Antonio Bestard.
Gun Charges
01. Definition
Illegally carrying a loaded firearm in public or a vehicle even if concealed. Owning an unregistered firearm. Owning certain types of assault weapons. Discharging a firearm in a negligent manner. Drawing or exhibiting a firearm in a threatening way. Owning a firearm as someone with a felony or are prohibited in some other way.
02. Examples
Carrying
Prohibited Persons
Possessing an Assault Weapon
Threats
Use
Unregistered Weapons
Health & Safety Code § 11055 [Schedule II]
(a) The controlled substances listed in this section are included in Schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), as listed in Health & Safety Code § 11055
02. Examples
Carrying
Prohibited Persons
Possessing an Assault Weapon
Threats
Use
Unregistered Weapons
03. Consequences
Fines: Fines can range from hundreds to thousands of dollars.
Probation: You might be placed on probation, requiring you to follow specific court orders and possibly complete community service.
Loss of Gun Rights: A gun charge conviction typically results in a lifetime ban on owning or possessing firearms.
Employment Restrictions: Certain professions have restrictions on hiring individuals with criminal records, and gun charges could limit your job opportunities.
Impact on Housing: Some landlords may deny housing to those with gun-related convictions.
Sex Offenses
01. Definition
Sex offenses, also referred to as sex crimes, are illegal sexual acts committed against another person. They can involve force, threats, or a victim's inability to consent. There are many reasons someone may be charged with a sex crime. Most of these are committed online, in chat rooms, or in regard to possession.
02. Examples
Attempted Sex Crimes
Distribution/Possession of Illegal
Failure To Register
Pornography
Incest
Indecent Exposure
Lewd/ Lascivious Conduct
Molestation
Pandering
Pimping
Prostitution
Rape
Sexual Assault
Sexual Battery
Sexual Contact With a Minor
Solicitation
Statutory Rape
03. Consequences
Sex offenses can cause an incalculable lifelong impact. Mandatory registration can inhibit an offender's ability to find housing or employment. Get yourself the best in class criminal defense lawyer in the Inland Empire. Antonio Bestard.