How Does a Prior Conviction Influence Current Drug Penalties?

If you were arrested for a drug-related crime there is a plethora of factors that can influence the penalties you incur. Having a prior conviction can result in more severe consequences for your current drug charges. Retain the services of a skilled Tehama County drug crimes lawyer for representation and advice during your case.

Does a Prior Conviction Impact My Current Drug Penalties?

Having a prior conviction of the same or related charge can impact the outcome of your current drug charges. The prosecution will examine your criminal history when creating their case. If you have past drug charges or convictions they will likely increase the severity of your current charges.

The actual penalties you will be given depend on a variety of factors. A court will consider the following and more before determining the extent of your consequences.

• What type of drug or drugs were involved?
• What was the quantity in possession?
• Are the charges for simple possession, intent to distribute, or other?
• Is this the offender’s first offense?

Having a prior conviction does impact your current case because it shows the court that you have a habit of participating in illegal activity and that you did not learn from your first charges. The penalties for drug charges can be more severe when you have already been charged with a similar crime before.

What Are the Penalties for Drug Charges in California?

The penalties you will face for a drug conviction in California will vary depending on the specific circumstances of the situation and the type of offense committed. For example, simple possession will not yield as severe penalties as trafficking or manufacturing. Consider an individual charged with possession. A first-time offender will likely face the following penalties.

• Misdemeanor
• Up to 1 year in jail
• Fines of up to $1,000
• Drug treatment program
• Mandatory community service

Though the penalties will vary depending on your unique situation, the above is generally the standard. However, when you are facing drug charges with a prior conviction under your belt, your consequences become exacerbated. Simple possession, while generally considered a misdemeanor, can be charged as a felony if you have a past conviction. Consider the following felony charges.

• Jail sentence of 16 months, 2 years, or 3 years
• Fines of up to $10,000
• Drug treatment program
• Mandatory community service
• Probation

Not all second offenders will face such dire consequences, but it is a real possibility for individuals with prior convictions.

Do I Need an Attorney?

When facing drug charges it is highly recommended that you seek aid from a skilled lawyer. At Cohen Criminal Law our attorneys are equipped with the experience necessary to evaluate your situation and build a case with a strong defensive strategy. Regardless of the severity of the charges you are facing, the aftermath of a drug conviction could impact your life forever. Reach out to a knowledgeable lawyer for legal representation and assistance in your case.