If you were caught under the influence of a controlled substance, you were most likely charged with violating California Health and Safety Code 1150. A conviction can result in a misdemeanor on your criminal record. Although the penalties are not as harsh as felony drug crimes, a conviction can result in hefty fines and a blemish on your record. Drug crime convictions can limit a person’s job opportunities and have wide-spread negative effects in several areas of a person’s life.
At MacGregor & Collins, LLP, our Orange County controlled substance attorneys have years of experience helping those who have been accused of drug offenses in Southern California. You can take advantage of a free case evaluation by calling 888-250-2865 or filling out our contact form.
HS 1150 Defined
The term “under the influence” is usually perceived as driving under the influence of alcohol or substance. Under this penal code section however, defendants don’t have to set foot behind the wheels to be prosecuted. Simply being under the influence of a drug or narcotics is a crime in and of itself within the State of California.
In order to prosecute for California Health and Safety Code 11550, the state has the burden to prove one or more of the following:
- The defendant deliberately used a narcotic or controlled substance
- The defendant was under the influence of a narcotic or controlled substance
Potential Penalties for Those Convicted of 11550 HS
Under The Influence of a Controlled Substance is a misdemeanor, and those found guilty can face:
- Up to one year in the county jail
- Up to 5 years informal probation
- Community service and potential drug counseling
Defendants will face sentencing enhancement for being under the influence of a controlled substance – with a prior.
There are several types of narcotics or controlled substances including heroin, methamphetamine, ambien, cocaine and others being among the most popular. In this code, the prosecution must also prove that the drug or narcotic used is recent, and that the defendant has not experienced signs of withdrawal. Another relevant factor of this code is that prescription drugs are included as narcotics or controlled substances. As a result, defendants will need to furnish a valid prescription. Those facing charges may be able to take advantage of PC 1000, an alternative sentencing program offered by the courts.
If you’re facing charges for being under the influence of a controlled substance, contact the criminal defense attorneys at MacGregor & Collins to receive information specific to your case. Call us today at (888) 250-2865.