Is California Code; HS11377 (A) a Felony or Misdimeanor?
Question by curious-mom: Is California code; HS11377 (A) a felony or misdimeanor?
Best answer:
Answer by probably not
im telling you now, no one will understand this question or answer it…
Add your own answer in the comments!
More Felony Drug Possession Information…
Possession of a controlled substance? Felony.
11377 HS is possession of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine. This offense can be a felony or misdemeanor.
Misdemeanor, it means that you have the drug but you don’t have enough to be considered a distribute.
Depending on what you are cought with and the amount it can be either one
google it, california health and saftey code
or the penal code then the violation #
also depends on how many prior’s
HS, 11377(a) Under current CA law this is both a felony and a misdemeanor level offense for dangerous drugs. This offense most likey warrented an arrest. Perhaps the most common drug offense, the HS 11377(A) is referred to as a simple “Possession” case. This type of charge occurs when one is accused of having a controlled substance either on his person or under her dominion and control (eg: backpack, purse, car or apartment). The most common substance is methamphetamine or “meth” or “crystal”. These cases are “wobblers” in that they can be filed as either a misdemeanor or a felony.
If filed as a misdemeanor the maximum punishment is one year in jail. If the case is filed as a felony the punishment range is 16 months to 3 years in state prison.
Whether or not a case is initially filed as a felony or a misdemeanor usually depends on two things: 1) the quantity or amount of controlled substance and 2) whether the accused has any prior drug convictions. and overall the officer making the report
Seemed like a pretty straight forward question. Try this link to look up any California laws, regardless of type:
http://www.leginfo.ca.gov
11377(a) H&S (Health and Safety Code) is a misdemeanor.
it’s only a felony if the drag queen weighed over 400 lbs
James has given you a correct answer. There are many offenses, called “wobblers,” which can be filed as either a felony or a misdemeanor in California, and this is one of them. Police agencies will almost always record a felony arrest (because their stats look better that way), but the prosecutor can file the case as a misdemeanor, it can be reduced to a misdemeanor by the magistrate at a preliminary hearing, it can be reduced to a misdemeanor by a judge at the time of sentencing, or at anytime after sentencing if probation is granted and a state prison sentence is not imposed. (Pen C sec. 17(b).) As James correctly notes, the amount of drugs and the record of the offender will be the two most important considerations in determining whether to file as a felony, or reduce to a misdemeanor.