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The number of fentanyl prosecutions has grown substantially over the past several years. This is the result, at least in part, of the fact that the use of fentanyl, a synthetic opioid that is around 100 times stronger than morphine, has increased dramatically. In addition, fentanyl has become easier to obtain. But the major reason fentanyl prosecutions have grown to the extent they have is the staggering number of overdoses and deaths which are related to fentanyl use. The issue is discussed by Managing Partner David P. Shapiro in a recent video.
At David P. Shapiro Criminal Defense Attorneys, we understand fentanyl charges, and we have years of experience defending those being investigated for and or charged with various fentanyl crimes. If you believe you are the target of a fentanyl-related investigation, or if you have been charged with a fentanyl offense, we can help.
As with other drug offenses, the severity, along with the potential penalty, is dependent upon a number of factors. They include:
The penalties associated with these offenses vary significantly depending upon the specific charge(s) and your prior criminal history, if any.
There was a time, several years ago, when possession of fentanyl, was a “wobbler” and could be charged as a misdemeanor or a felony. Since the passage of Prop 47 in 2014, however, simple possession is now almost always charged as a misdemeanor under HS 11350. Those with certain prior convictions may be charged with a felony. Even a misdemeanor, however, could expose you to up to a year in jail along with a hefty fine. And if the alleged offense is possession for sale, sale, or transportation of the drug, you can expect to be charged with a felony and be subject to at least up to three years in custody.
Because of the notoriety of the overdoses, and in particular the deaths, attributed to fentanyl, legislators in California have introduced (and are expected to continue to introduce) bills which would, if passed, increase the potential penalties relating to some of these charges.
Many people assume, incorrectly, that if they are merely under investigation for a fentanyl crime, they need not take any action at all. They often mistakenly believe that if they do nothing, the issue will go away. In fact, doing nothing after finding that you are under investigation for a fentanyl-related offense is a mistake that could have critical consequences for your future and freedom.
Alternatively, some people think that if an investigation is merely pending, there is (a) nothing they can do to attempt to avoid a formal criminal charge; and (b) if they explain the situation – to the investigators, i.e., the police – the issue will simply disappear. This approach will not make the case go away. Indeed, you could, by following that course of action, make it more likely that you will be charged, and even more likely that you will be convicted! Accordingly, even if no charges have yet been filed, we strongly recommend that you:
Those who have been charged with providing (selling, transferring or even giving away) fentanyl, where the recipient overdoses and dies, are facing the wrath of prosecutors in California and throughout the country. There have been measures introduced to change the way in which these cases are treated, making it more likely that you could face a homicide charge. Nevertheless, there are defenses that can be raised, and raised successfully, to these charges.
If you are facing a fentanyl charge, or if you are under investigation for or have been charged with any drug crime, don’t just speak to “an attorney.” Consult with a quality, locally experienced criminal defense firm who knows how to protect everything you hold sacred. Contact the San Diego based criminal defense David P. Shapiro Criminal Defense Attorneys for an honest and thorough evaluation of your case and your options moving forward. Call us anytime at 619-295-3555.
Here’s what you need to know to regain control of your future
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