Description

Every person who unlawfully possesses any amount of a substance containing cocaine base, heroin, methamphetamine, a crystalline substance containing phencyclidine or other controlled substances while armed may be charged Possession of a Controlled Substance While Armed.

What does the prosecutor have to prove?

1. Defendant exercised control over a controlled substance.
2. Defendant knew of its presence.
3. Defendant knew of it was a controlled substance.
4. The substance was in a useable quantity.
5. Defendant did so while armed with a loaded, operable firearm. [Cal Crim No. 2303]

Punishment

Felony: 2year/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?May
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?Yes