Drug offenses can be charged as a state or federal case. Those cases filed by the U.S. attorney under the jurisdiction of federal courts fall under sentencing guidelines that can expose you to maximum sentencing that include incarceration in federal prison. If you, a friend, a family member or loved one is facing a drug sales charge, it is important to seek the representation of an experienced San Diego drug trafficking defense lawyer who will fight aggressively to disprove the charges and limit exposure to the harsh consequences of a conviction.
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At Spital & Associates, we offer a powerful criminal defense from a skilled and effective criminal defense lawyer against a drug sales charge. Our San Diego drug trafficking defense attorneys have been doing this for a long time and know the ins and outs of drug sales cases, including those involving trafficking and other alleged offenses. Our founder, Samuel Spital, has more than 39 years of legal experience, including experience as a Deputy Attorney General for the California Department of Justice (criminal prosecutor). Our drug sales attorneys in San Diego, CA understand both sides of these issues and uses that to the advantage of our clients to aggressively pursue resolutions that protect your rights.
Need a strong defense against a drug sales charge in San Diego? Call us 24 hours a day, seven days a week at 619-583-0350.
Our firm defends aggressively against all varieties of drug trafficking charges, including:
- Trafficking or transporting drugs for sale, including across the border from Mexico
- Importing or buying drugs with intent to sell
- Distributing drugs or furnishing in any drug-related transaction
- Conspiracy in any drug-related transaction
A drug arrest does not have to result in a conviction if your defense is handled wisely by a skilled and effective defense lawyer. However, as your trafficking charge defense lawyers, we will pursue alternative sentencing options if a conviction does occur, such as a deferred entry of judgment and the diversion program. For more information on the options that may be available to you, as well as possible mitigating factors that can aid you in your defense, see our Drug Charges page.
Drug Sale Penalties
Sentencing for drug sales is based upon certain criteria, including the following:
- The nature of drugs and narcotics involved
- The quantity of drugs and narcotics
- Nature and variety of prior criminal convictions
- Overall criminal history of the defendant charged with drug sales
- Whether the defendant is currently on probation
- If the defendant has completed the terms of a previous criminal sentence
- The actual or potential harm to the public
- The financial benefit to the defendant
- The defendant’s age
- The defendant’s own dependence on drugs or narcotics
- The defendant’s psychiatric history
- Evidence of rehabilitation
Defenses Against Drug Trafficking Charges
We seek to present a persuasive defense on your behalf and work to establish all of the facts in mitigation, including, but not limited to, the following:
- Actual or potential harm to the public
- Prior overall criminal record, if any for the drug sales and/or drug trafficking arrest
- Level of compliance with sentence and terms of probation in the drug case
- Prior arrests on record
- Number and/or variety of current drug possession violations or other drug charges and/or drug trafficking
- Nature and severity of the drug sales and/or drug trafficking offenses under consideration
- Rehabilitation and remorse
- Time passed since the underlying drug sales and/or drug trafficking offense
- The financial benefit to the defendant, if any from the offense
- Whether the defendant was suffering from a medical condition that significantly reduced culpability for the drug offense(s)
- Whether ineligible for probation
- Whether restitution was provided to the victim
- Whether the case involved great bodily harm, violence &/or threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness and/or callousness
- The defendant was not armed with or used a weapon at the time of the commission of the drug crimey
- The defendant did not induce a minor to commit or assist in the commission of the offense(s)
- Whether the defendant was not convicted of other crimes for which consecutive sentences could have been imposed, but for which concurrent sentences are being imposed
- The manner in which the sales and/or trafficking charge was carried out does not indicate planning, sophistication or professionalism
- The drug crime did not involve an attempted or actual taking or damage of great monetary value
- The drug offense did not involve a large quantity of contraband
- The defendant did not take advantage of any trust or confidence to commit the drug offense
- Whether the defendant engaged in violent conduct that indicates a serious danger to society
- The defendant being prosecuted for a criminal drug sales and/or drug trafficking charge has not served a prior prison term
- If the defendant was on probation or parole when the drug crime was committed
If you are being investigated, have been arrested or are otherwise facing drugs charges in San Diego, we want to be your legal counsel. Contact us online or call619-583-0350 for a free San Diego drug trafficking defense lawyer consultation to find out how we can help you. For state level (as opposed to Federal) prosecutions, you can call us before posting bail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a San Diego drug sales defense attorney for individual advice regarding your own situation.
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.