Domestic Violence and Possession Crime
At the Orange County Law Office of David P Schwarz we are experienced Domestic violence and possession case attorneys. We will fight for you. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A domestic violence lawyer will help you defend any possession of drug case that involves domestic violence. Possession crimes account for the bulk of the violations charged under the Health and Safety Code. The elements of the crime of possession for personal use are that the defendant: (1) exercised control over, or the right to control, the drug in question. This involves evidentiary analysis to see if the drugs found around the individual were the person accused of the crimes.
The prosecution must also show that the person being accused had knowledge of its presence around them. This is important because without knowing of presence of the drug there cannot be a criminal aspect of the case.
A domestic violence attorney must thirdly defend against the allegation that individual had knowledge of its nature as a controlled substance. Thus if the person did not know it was an illegal drug there can be no case for the prosecution.
Finally the substance must be an amount sufficient to be used as a controlled substance. It cannot be a speck of drugs but must be something usable by the person accused.
At the Orange County Law Office of David p Schwarz we will take extra care to defend the allegation of Dominion, control and knowledge which are the essential elements of possession. However, neither CALCRIM 2302, nor CALJIC 12.00, state that “dominion and control” is required, and this has been upheld because informing the jury that the People need to prove that the defendant possessed the substance at issue either physically or constructively is sufficient for a conviction.
A domestic violence lawyer will make sure all the elements are presented in the allegation which are unlawful possession of a controlled substance and dominion and control of the substance in a quantity that is usable for consumption or sale, with knowledge of its presence and of its character as a restricted, dangerous drug.
Each of these elements may be established by circumstantial evidence.4 Although the defendant's knowledge of the presence of the controlled substance and its nature as a restricted, dangerous drug must be shown, no further showing of a subjective mental state is required, i.e., no specific intent is required for the crime of simple possession of controlled substances.5
Intent to possess the controlled substance for a minimally prescribed period of time has never been an element of the statutes criminalizing simple possession. However, under limited circumstances, facts showing only a brief or transitory possession may constitute a complete defense to the crime.6
At the Orange County Law Office of David P Schwarz we will fight for your rights to be free from domestic violence accusations where possession of drugs is at issue. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at email@example.com.