CA Health & Safety Code §11352(a) prohibits transporting or selling certain controlled substances, which includes any drug regulated by the federal government, such as heroin, cocaine, peyote, LSD, and certain opiates, such as codeine, oxycodone or Oxycontin, and hydrocodone or Vicodin. This law makes it illegal to sell drugs, transporting drugs with the intent to sell them, furnishing or administering the drugs to others, giving drugs away, or offering to do any of these acts. In order to be convicted of this criminal offense under California law, you not only must have committed one of these acts, but you also must have known of the presence of the drug and that it was in fact a drug. Additionally, there must be enough of the controlled substance to be used as a drug. If you are convicted of violating this law, you have committed a felony, which can result in a jail sentence ranging from three to nine years, as well as a fine of up to $20,000. Depending on the circumstances of your case, you can receive an even longer sentence based on aggravating factors. Perhaps more importantly, you can face deportation if you are an immigrant. Under current immigration law, any offense that relates to trafficking in a controlled substance typically qualifies as an “aggravated felony.” If you are convicted of an aggravated felony and you are an immigrant, you will face deportation. Aggravated felonies carry the harshest penalties under immigration laws. They will bar you from most forms of immigration relief, and additionally if you are undocumented, you will likely not even have the right to see an immigration judge to fight your case. Additionally, if you are ever caught illegally reentering the US with an aggravated felony conviction, you can be subject to federal prosecution and serious prison sentence enhancements! Similarly, an immigration judge may consider your criminal conviction to be a “crime of moral turpitude” as well as a “controlled substance offense” as defined under federal immigration law. Both of these findings will also cause you to face deportation on the basis of your criminal conviction. The facts and circumstances of your case are likely to have a direct bearing on whether your conviction constitutes an aggravated felony, a crime of moral turpitude or a controlled substance offense, and, thus, subject to deportation charges. The California immigration attorneys at Landerholm Immigration, A.P.C., are dedicated to protecting your rights to remain in the U.S., no matter what type of criminal offense you potentially are facing, including the sale of cocaine in violation of CA Health & Safety Code §11352(a). With our exclusive focus on deportation defense law, we know how to evaluate your case, explore your options, and build the strongest defense against removal possible. Contact your California deportation defense attorneys and schedule a consultation today. Para Espanol haz click aqui!
