San Diego Fentanyl Attorneys
Fentanyl is a powerful synthetic opioid developed for medical use. This drug is about 50 to 100 times more potent than morphine, and is administered to relieve extreme pain, such as following surgery, or to treat chronic pain in patients who cannot achieve relief with other medications. Fentanyl is highly addictive, and over time, the effect diminishes, and to achieve the same effect, requiring an increase in dosage.
Many people who initially were prescribed Fentanyl to relieve pain became dependent on the drug, and experience painful and difficult withdrawal symptoms when the drug is stopped, suffering muscle and bone pain, nausea, muscle weakness, excessive sweating, problems sleeping, and severe cravings. Due to the elevated risk of drug dependence, Fentanyl is a Schedule II drug under the Controlled Substances Act. It is illegal to possess Fentanyl without a legally issued prescription from a licensed doctor.
Various criminal charges may be filed that involve Fentanyl, including:
- Fentanyl Possession: If you are found to be in possession of Fentanyl without a prescription, you can be charged with a misdemeanor drug crime, with penalties imposed of up to a year in jail, and fines as high as $20,000. If you have a criminal record, you may be facing felony possession charges, and face penalties up to four years in state prison and fines up to $20,000.
- Possession with Intent: If you are found to be in possession of a larger quantity of Fentanyl, the prosecutor considers this is evidence indicating you intended to sell the drug. A conviction for this offense can mean a prison term up to three years.
- Fentanyl Trafficking: The California Health and Safety Code has been amended to increase the penalties for selling Fentanyl. The penalties imposed can include imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. A prior criminal record for drug crimes will dramatically increase the penalties imposed in a conviction, and in the most serious cases can lead to millions of dollars in fines, and life in prison.
- Transporting Fentanyl: California law outlines the penalties for those who transport controlled substances with the state, or from one county to another noncontiguous county, with prison time imposed in a conviction of from three to nine years.
- Second Degree Murder: A person found guilty of selling Fentanyl to a person who died from an overdose may now face charges of second degree murder.
If you are accused of a criminal offense related to Fentanyl, you are at high risk of losing your freedom. It is imperative that your rights are protected by a talented and experienced Fentanyl defense lawyer. The actions taken by your drug crime defense attorney will require a thorough investigation into the facts. At jD Law Criminal Defense Attorneys, our founder is a former L.A. Police Department investigator, and is a Certified Criminal Law Specialist.
Every detail of the alleged crime must be evaluated, including any police misconduct, rights violations, or inaccuracies in the actual quantity of the drug. Every case has unique facts and evidence, and the experience and ability to craft and present a compelling case in court have everything to do with your freedom.
The criminal justice system is geared to heavily punish those who possess, transport, or sell Fentanyl. If convicted, you face very serious legal consequences. For possession of minor amounts of the drug, you may be eligible for a diversion program. At jD Law Criminal Defense Attorneys, when we take on defending a client, we go the distance, identifying every viable defense strategy to argue for your freedom.
For a free consultation to discuss your drug crime case in North County, contact us at (760) 630-2000.
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