PCP Drug Charges: California Drug Defense Attorneys

PCP Charges

PCP is illegal to use, possess, sell, possess for sale and manufacture in California, and a violation of these laws can bring extremely harsh repercussions that include prison time. Because the consequences of a California PCP conviction are so severe, it's imperative to launch a strategic defense to the charges. Knowledgeable California drug defense attorneys from The Kavinoky Law Firm has the skills and experience needed to aggressively fight your PCP charge.

Most California PCP offenses are charged as felonies, but a few are considered "wobblers," meaning that they can be charged as either misdemeanors or felonies, but prosecutors often opt for the more serious charge. Most California drug offenses are included in the Health & Safety code, but a few violations are found in the Penal Code.

Under California's determine sentencing laws, every felony carries three possible prison sentences -- the lower, middle and upper term. The sentence imposed depends on information such as aggravating and mitigating factors -- issues that prompt the judge to treat you more harshly or leniently.

These are the charges that can be filed in a California PCP case:

Code Section

Charge

Sentence

11377

Possession

Misdemeanor or 16-2-3

11378.5

Possession for sale

3-4-5

11379.5a

Sale (transport, import, furnish, administer, give away, or offers)

3-4-5

11379.6

Manufacture (process, prepare, etc.)

3-5-7 plus $50,000

11382

Agrees to sell, then sells another substance in lieu of

Misdemeanor or 16-2-3

11383b

Possession of precursor chemicals with intent to manufacture

2-4-6

11366.8a

Possession or use of false compartment in vehicle to store or transport

Misdemeanor or 16-2-3

11366.8b

Design or construct false compartment in vehicle to store or transport

16-2-3

11401

Analog of controlled substance (i.e. substantially similar chemical structure or effect)

PC 1203.07(a)(5),(6)

If 11379.5

No probation, no discretion

PC 1203.07a10

If 11383

No probation, no discretion

PC 182a1

Conspiracy to do any of the above

Same as substantive charge

11532

Loitering in a public place with intent to commit a narcotics offense

Misdemeanor

In addition to the charges that can be filed in a California PCP case, there are numerous sentencing enhancements that, if proven, can be used to enhance your punishment. The prosecutor in your PCP case can file enhancements for weight, prior convictions, firearms, locations, and the allegation that you involved minors in the commission of your offense.

Clearly, a California PCP case carries the possibility of significant punishment, so you need knowledgeable California drug defense attorneys at your side fighting to protect your freedom. A seasoned California drug attorney from The Kavinoky Law Firm has many tools at hand to aggressively fight your PCP charge. Please contact us at 1.800.NO.CUFFS today for a free consultation.

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