Pacific Beach is a great community in San Diego, with a Boardwalk, wonderful places to eat, and an exciting nightlife. Pacific Beach has many residents and attracts many young people, college students, and tourists.
Unfortunately, Pacific Beach, like many communities in San Diego, has its fair share of crime, ranging from drug possession, Health and Safety Code Sections, 11350, HS 11377(a), and sales, HS 11378, HS 11379, HS 11351. Drug crimes include methamphetamine and heroin, but also include prescription drugs, such as Fentanyl, Hydrocodone, Norco, Vicodin, OxyContin, Percocet, and Xanax.
The District Attorney must prove the following to convict someone of drug possession:
- The defendant unlawfully possessed a controlled substance;
- The defendant knew of its presence;
- The defendant knew of the substance's nature or character as a controlled substance;
- The controlled substance was Heroin/Methamphetamine/Percocet, etc. AND
- The controlled substance was in a usable amount.
Theft crimes often accompany drug crimes; for example, theft, PC 484, and Burglary, PC 459 and PC 459/460.
The District Attorney must prove the following to convict someone of Theft:
- The defendant took possession of property owned by someone else;
- The defendant took the property without the owner’s consent;
- When the defendant took the property they intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property); AND
- The defendant moved the property, even a small distance, and kept it for any period of time, however brief.
At Kern Law, APC, we have defended and protected clients’ rights against drug and theft charges for 15 years. If you have been arrested and charged with a drug or theft crime, contact my office today. We provide a free, confidential consultation.