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A drug trafficking charge under California Health and Safety Code § 11352 is a serious criminal accusation. Prosecutors are aggressive, and law enforcement is under pressure to make arrests. Even if you didn’t sell or distribute any controlled substances, transporting drugs from one location to another could still result in felony charges.
The Law Offices of Justin E. Sterling is ready to defend you against drug trafficking charges. Whether you were stopped in traffic, pulled into an investigation, or charged as part of a larger operation, we can help you protect yourself in the face of these serious allegations. Backed by over two decades of criminal defense experience in Los Angeles County, Justin Sterling has what it takes to fight aggressively to protect your rights, your freedom, and your future.
If you’re facing drug-related charges, call the Law Offices of Justin E. Sterling today for a free consultation.
What Is Health and Safety Code § 11352?
California Health and Safety Code § 11352 makes it a felony offense to transport, import, sell, furnish, administer, or give away controlled substances. This statute covers a range of drug-related activity. In fact, you can be charged even if no money changes hands. Simply moving a controlled substance from one location to another can be enough to trigger prosecution.
The law applies to certain narcotic drugs. It covers any Schedule III, IV, or V narcotics if you don’t have a written prescription or other lawful reason to possess them. Furthermore, “transportation” doesn’t have to involve crossing state lines or international borders. Even driving a short distance within the same city can result in drug transportation charges.
The law is written broadly, giving prosecutors significant discretion in how or whether to file these cases. Depending on the circumstances, you could face charges for a single act or multiple allegations of distribution, conspiracy, or possession for sale. Understanding the specific allegations is the key to building an effective defense.
Drug Transportation Charges Explained
You don’t have to cross state lines or smuggle large quantities to be hit with a drug transportation charge. Under Health and Safety Code § 11352, simply moving a controlled substance, even within your own neighborhood, can lead to serious felony charges.
What exactly counts as “transportation” under the law? Prosecutors can pursue charges if they believe you knowingly moved drugs from one location to another by:
- Driving them in a car or truck
- Walking with them in your backpack or pocket
- Mailing or shipping them
- Using someone else to carry or deliver them on your behalf
However, simply moving drugs is not enough for a conviction. The prosecution must also prove that you knew the substance was an illegal drug and that you intentionally moved it.
There is a wide range of situations that can result in drug transportation charges, including:
- Routine traffic stops that turn into drug investigations
- Surveillance operations or undercover stings
- Packages intercepted by postal inspectors or delivery services
- Multiple arrests made in connection with a larger investigation
Keep in mind that even small amounts of drugs can lead to major charges if law enforcement thinks you planned on selling drugs or distributing them. If you’re facing drug transportation charges, now is the time to take control of your defense. Reach out to the Law Offices of Justin E. Sterling for aggressive advocacy from an experienced drug trafficking lawyer.
Penalties for Violating HS § 11352
A conviction under California Health and Safety Code 11352 carries severe penalties. This offense is always charged as a felony. Even a first-time violation can result in years behind bars. Standard penalties for violating HS § 11352 include up to nine years in prison, fines of up to $20,000, or both. Felony probation is available in some cases, but it typically comes with significant restrictions.
Aggravating factors can lead to even harsher penalties, such as the following:
- Prior convictions for drug crimes
- Quantities over 80 kilograms
- Committing the offense near a school, homeless shelter, or drug treatment facility
- Federal involvement, if the alleged trafficking crossed state or international borders
These factors can add decades to your sentence.
Beyond prison time and fines, any conviction can have long-term effects. Non-citizens may face deportation or be denied reentry. Professionals risk losing licenses, careers, and educational opportunities. You may also have trouble securing housing.
Because of the high stakes involved, you need a skilled criminal defense attorney who understands how to challenge drug crime charges.
Defenses Against Drug Transportation or Trafficking Charges
Every case is different, and the right strategy depends on the specific facts. Common defenses against drug transportation charges include:
- Lack of knowledge – You didn’t know the drugs were in your car, luggage, or on your property.
- Lack of intent to sell or distribute – The drugs were for personal use, not for trafficking or sale.
- Illegal search or seizure – If police violated your Fourth Amendment rights, any evidence they collected may be thrown out.
- Entrapment – Entrapment occurs when you are pressured or manipulated by police into committing an act you wouldn’t have otherwise done.
- Insufficient evidence or unreliable witnesses – The prosecution’s case may rest on assumptions, weak testimony, or circumstantial evidence that doesn’t hold up in court.
Prosecutors frequently overcharge under the law, treating basic possession cases as transportation or trafficking offenses. In these situations, a skilled drug transportation attorney may be able to negotiate the charges down to a lesser offense or secure a dismissal.
Why Hire a Los Angeles Drug Trafficking Lawyer?
Drug trafficking cases are often complicated. A good defense requires a command of California drug laws and how these cases are prosecuted.
Justin E. Sterling is a seasoned drug trafficking lawyer based in Los Angeles. For over 20 years, he has represented clients facing serious felony drug charges and has achieved outcomes such as charge reductions, dismissals, and favorable plea agreements, always focused on protecting his clients’ rights and futures. As a former public defender and experienced trial attorney, he understands how prosecutors operate, and he uses that knowledge to stay one step ahead of the state.
When you work with the Law Offices of Justin E. Sterling, you get aggressive courtroom advocacy and a tireless commitment to protecting your rights.
Protect Your Future with the Law Offices of Justin E. Sterling
Don’t face charges under Health and Safety Code § 11352 alone. Instead, get The Law Offices of Justin E. Sterling to mount a vigorous defense of your rights and freedoms. Contact us today to speak with an experienced Los Angeles drug trafficking lawyer.
