California Drug Trafficking Charges: What the Law Requires
California Health and Safety Code Section 11352 makes it a felony to sell, furnish, administer, give away, transport, or import certain controlled substances, including cocaine, heroin, and opiates. A first offense carries a base penalty of up to five years in county jail. If the substance was transported across two or more county lines, that rises to up to nine years, plus a fine of up to $20,000.
Two aspects of Section 11352 surprise many clients. First, transportation doesn’t require crossing state or county lines. Moving a controlled substance a short distance within the same area can qualify. Second, you don’t need to physically carry the drugs. Constructive possession, meaning control over drugs stored in a vehicle, safe, or property you control, can satisfy the possession element.
Weight-based enhancements significantly increase exposure. When quantities of heroin or cocaine exceed defined thresholds, such as more than one kilogram, prosecutors can seek enhancements of three to twenty-five additional years. A separate one-year enhancement applies when a sale or transportation occurs within 1,000 feet of a drug treatment center or homeless shelter. Methamphetamine sale and transportation are charged under Health and Safety Code Section 11379 rather than Section 11352.
When Federal Drug Trafficking Charges Apply
Federal jurisdiction typically attaches when a case involves large quantities, interstate or international movement, or use of the mail or other federal channels. Under 21 U.S.C. Section 841, it is illegal to knowingly manufacture, distribute, dispense, or possess with intent to distribute a controlled substance. The word “knowingly” matters: prosecutors must prove specific intent to traffic, so a defendant who genuinely didn’t know they were transporting drugs can’t be convicted on that element alone.
Federal trafficking penalties are often more severe than their state counterparts. Mandatory minimum sentences, substantial fines, and asset forfeiture are all on the table. Federal cases arising in this region are prosecuted in the U.S. District Court for the Central District of California, Western Division, in Los Angeles, which operates under different rules and timelines than the Los Angeles County Superior Court.
Why Torrance Clients Choose Ernenwein & Mathes, LLP for Trafficking Defense
Trafficking cases turn on specific proof points: the quantity of the controlled substance, evidence of transportation, and indicators of intent to distribute, such as packaging, cash, or communications. Robert Ernenwein spent years in the Los Angeles County District Attorney’s Office learning precisely how prosecutors develop and present that proof. We use that knowledge to identify weaknesses in the state’s case before it reaches trial.
Experience, Recognition, & Case Strategy
Robert holds a Preeminent rating from Martindale-Hubbell and a Super Lawyers rating alongside his State Bar board certification. These aren’t marketing labels; they reflect peer and judicial recognition of demonstrated skill and ethics over a legal career. We don’t apply one strategy to every case. We examine every file for pretrial dismissal opportunities, deferred entry of judgment eligibility, and paths to felony charge reduction. When negotiation isn’t enough, we’re prepared to take the case to a jury.
Investigative Support & Direct Attorney Access
Search-and-seizure issues are central to most trafficking cases. Our defense team includes a licensed private investigator and former LAPD officer who examines exactly how evidence was collected, whether the stop or search was lawful, and whether constructive possession arguments hold up under scrutiny. That investigative layer strengthens motions to suppress and shapes how we approach plea negotiations.
Clients work directly with Robert Ernenwein or Michelle Mathes. We don’t route communication through case managers. Clients receive direct cell phone numbers for their attorneys, and our paralegals and support staff handle immediate concerns with the same care as our lead attorneys. We also provide legal services in Spanish for clients who need them.
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I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
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Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
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If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
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They are the gold standard for defense attorneys. A+- Former Client
Possible Outcomes in a Drug Trafficking Case
California’s standard drug diversion program under Penal Code Section 1000 is generally limited to simple possession offenses and doesn’t typically extend to sale or transportation charges. That matters because it narrows the path to alternative outcomes in a trafficking case. Where those paths exist, they tend to run through negotiated charge reductions, pretrial dismissal motions, or eligibility for mental health or military diversion programs rather than standard drug diversion.
We pursue every realistic avenue before trial. Depending on the facts, that can mean challenging the lawfulness of the stop or search, contesting whether the evidence establishes intent to sell rather than personal use, or arguing for charge reduction at the preliminary hearing stage. When a client qualifies for a diversion program, we advocate for that outcome. When the case needs to go to a jury, we’re ready.
Speak with a Drug Trafficking Attorney in Torrance
If you or someone you know is facing drug trafficking charges in Torrance, Long Beach, California, or elsewhere in Los Angeles County, act quickly. Early intervention gives us more tools: evidence can be challenged, charges can sometimes be addressed before formal filing, and a defense strategy built on the actual facts of your case can change the trajectory. Your first consultation is free and confidential, and you’ll speak directly with an attorney, not a case manager.
Call Ernenwein & Mathes, LLP at (310) 361-3068 to get started.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!
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Should I Hire A Torrance Juvenile Attorney For My Child?
Absolutely.
The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.
The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.
As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.
If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.
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What Kind Of Punishment Will My Child Received If She Or He Is Convicted?
Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.
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If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?
If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.
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My Child Has Been Taken Into Custody. What Can He/She Be Charged With?
Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.
However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.
There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.
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If You Were Not Drunk When The Fatal Crash OccurredEven if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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