Los Angeles Heroin Crimes Attorney

Heroin prosecutions have climbed sharply across Southern California as inexpensive black-tar and fentanyl-laced blends flood the streets. Multi-agency task forces, aggressive undercover buys, and high-visibility “surge” operations mean that people who are addicted, or simply in the wrong place at the wrong time, can find themselves facing felony accusations that threaten freedom, professional licenses, and even immigration status. At Kraut Law Group Criminal & DUI Lawyers, Inc., our mission is to turn that crisis into an opportunity for dismissal, diversion, or a result that protects your future. If you or a loved one has been charged with a heroin offense, you must discuss your situation with an experienced drug crimes attorney who can guide you every step of the way.

California Heroin Laws Explained: What You Need to Know

Heroin is a Schedule I opiate with no accepted medical use. Several state statutes may be charged:

• Health & Safety Code § 11350: Simple possession for personal use. After Proposition 47, most first-time cases are misdemeanors, punishable by up to a year in county jail plus fines and mandatory AIDS education classes.
• § 11351: Possession for sale. Police infer intent from factors such as bindle count, packaging, scales, pay/owe sheets, significant cash, or incriminating text messages. A conviction carries two, three, or four years in county jail, but exposure rises steeply if weight enhancements apply.
• § 11352: Sale, transportation, furnishing, administration, or importation of heroin. The base term is three, four, or five years, increased to nine if the heroin crossed county lines.
• § 11364: Possession of drug paraphernalia (needles, burnt spoons, foil). Although a misdemeanor, this charge often accompanies more serious counts.
• § 11366: Maintaining a place for drug use or sale (homes, motel rooms, vehicles converted into shooting galleries).

Additional consequences may include under-the-influence allegations (§ 11550), narcotics-offender registration (§ 11590), asset forfeiture, or Child Protective Services / Department of Children and Family Services intervention when minors are present.

How Weight Enhancements Impact Heroin Charges

California’s realignment law (Penal Code § 1170(h)) keeps many non-violent drug sentences in county jail, but heroin felonies remain harsh:

• Weight enhancements under Health & Safety Code § 11370.4 add extra prison time when the net weight exceeds one, four, ten, twenty, forty, or eighty kilograms, three, five, ten, fifteen, twenty, or twenty-five additional years, respectively.
• Assembly Bill 701 and the California Department of Justice’s Information Bulletin 2024-DLE-19 reaffirm that a defendant who admits a § 11370.4 enhancement must serve the sentence in state prison, not county jail.

Even misdemeanor possession can trigger collateral damage: driver’s license holds, professional board discipline, student aid ineligibility, and the possibility of removal proceedings for non-citizens.

SB 73 and Judicial Discretion in Heroin Sentencing

For decades, certain heroin-sales convictions were “non-probationable.” Senate Bill 73, effective January 1, 2022, restored judicial discretion, allowing judges to grant probation or treatment, even for repeated sales offenses, when public safety is not compromised. This reform gives experienced defense counsel crucial leverage in plea negotiations and sentencing hearings.

Avoiding Jail: Drug Court, Diversion, and Treatment Options

Los Angeles now offers an expanded menu of non-carceral options:

• Pre-filing diversion occurs when early intervention persuades prosecutors not to file.
• Drug Court is an evidence-based program of counseling, random testing, and vocational support that ends with dismissal upon graduation.
• Penal Code § 1000 (DEJ) and Proposition 36 mandate probation with outpatient or residential treatment.
• Mental-health diversion (§ 1001.36) for co-occurring psychiatric disorders, and military diversion for qualifying veterans.

Meticulous timing is essential; deadlines to elect diversion often expire at arraignment, so immediate legal representation matters.

When Heroin Charges Go Federal: What to Expect

When heroin crosses state lines, involves the U.S. Mail, or forms part of a multi-state conspiracy, federal prosecutors may file under 21 U.S.C. §§ 841 and 846. Federal sentencing guidelines impose mandatory minimums starting at five years for 10 grams, with dramatic escalations at the 100-gram and kilogram benchmarks. Supervised release, asset forfeiture, and immigration consequences are mandatory considerations in the federal arena.

How a Heroin Charge Affects Immigration and Licenses

A single heroin conviction, misdemeanor or felony, can:

• Trigger deportation, denial of re-entry, or permanent visa ineligibility under 8 U.S.C. § 1227(a)(2)(B).
• Disqualify students from federal financial aid.
• Spark denial or revocation of state professional licenses for nurses, teachers, real estate brokers, and other regulated professions.

A sophisticated defense may focus on re-designating the charge to a non-deportable offense (for example, possession of paraphernalia), securing a dismissal, or pursuing post-conviction relief such as Penal Code § 1473.7 motions.

Key Defense Strategies in Heroin Cases

Every Kraut Law Group Criminal & DUI Lawyers, Inc. case begins with a demand for complete discovery, including laboratory results, chain-of-custody logs, and body-worn-camera footage. Common winning defenses include:

• Fourth-Amendment violations: unlawful stops, searches without probable cause, or warrants secured with stale or false information. A granted suppression motion typically collapses the prosecution’s case.
• Lack of possession or knowledge: constructive possession requires both dominion/control and awareness of the drug’s presence—mere proximity is insufficient.
• Entrapment or unreliable informants: Undercover stings that pressure an addict into a sale he would never otherwise contemplate can be challenged.
• Lab-error defenses: GC-MS contamination, mislabeling, or weighing the substance with packaging attached.
• Medical emergencies: California’s 911 Good Samaritan law shields overdose victims and callers from certain possession charges, undermining the prosecution’s ability to use seized heroin as evidence.

Our Firm’s Strategic Advantage

Attorney Michael Kraut served fourteen years as a Deputy District Attorney in Los Angeles. That insider perspective helps our team anticipate filing decisions, enhancement allegations, and sentencing positions. Kraut Law Group Criminal & DUI Lawyers, Inc. deploys retired police detectives, digital forensics specialists, and board-certified toxicologists to:

• Re-test seized substances for purity and potential fentanyl contamination.
• Challenge Cellebrite and GrayKey phone-extraction results on authentication grounds.
• Prepare persuasive mitigation packets that showcase rehabilitation, family support, military service, and community involvement—critical under the post-SB 73 discretionary framework.
• Argue early bail motions under California Constitution Article I, § 28 to secure release and preserve employment.

How We've Helped Clients Beat Heroin Accusations

A defendant arrested for § 11351 (possession for sale) after detectives found twenty bindles may avoid a felony if a re-weigh, performed by the defense, shows the net heroin was less than half an ounce. Additionally, a defendant detained at LAX airport and accused of transporting heroin out-of-county would face a potential nine-year inter-county enhancement; however, aggressive motion practice may result in a dismissal or a plea to a lesser charge.

What to Do Immediately After a Heroin Arrest

Invoke the right to remain silent and request counsel, politely but firmly. Decline consent searches of your phone. Preserve evidence that proves sobriety or lawful prescriptions (Suboxone®, methadone). Family members should gather bail resources and identify inpatient or outpatient programs; documented treatment progress often sways charging and sentencing decisions.

Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.

We combine prosecutorial insight with cutting-edge forensic science and a relentless defense mindset. Clients receive direct cellphone access to Attorney Kraut, twenty-four-hour availability, and representation in every Los Angeles County courthouse, from the Clara Shortridge Foltz Criminal Justice Center downtown to Van Nuys and Long Beach.

Trusted Los Angeles Heroin Defense Lawyers

Contact Kraut Law Group Criminal & DUI Lawyers, Inc., 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028 for a confidential, no-cost consultation regarding any heroin-related charge. Phone: 888-334-6344 | 323-464-6453. Secure online contact form.

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