Orange County Ketamine Defense Attorneys
Ketamine may not be as headline-catching as heroin or cocaine, but it is still heavily prosecuted in California. Often used for date rape, ketamine can lead to significant penalties and jail time. However, it does have more medical uses than other controlled substances, and there are situations where a defendant can justify having it without being involved in a crime.
If you were arrested for possessing or selling ketamine, you need the knowledge and experience of a dedicated law firm to avoid a conviction. At Law Office of Michael L. Guisti, our Orange County ketamine defense attorneys have years of experience defending clients in drug cases. We can look over your charges in a free consultation and advocate for a full dismissal of your case. Do not wait; call us today at (714) 530-9690 or toll-free at (888) 478-8999.
Ketamine – also known as “K,” “Special K,” and “Vitamin K” – is a narcotic that is classified as a Schedule III controlled substance. Under this classification, it has some accepted medical uses in the United States and has a lower chance of being abused than drugs on Schedules I and II. Ketamine is used in the medical industry as a “dissociative anesthetic” to provide pain relief and help patients with anxiety or discomfort during surgeries.
However, it has also become a popular club drug due to its ability to create a euphoric experience, similar to when a patient comes off anesthesia. While ketamine is less addictive than cocaine or ecstasy, it did receive widespread use in the 1970s and ‘80s. As a result, the U.S. authorities clamped down on its use, limiting its availability to patients with prescriptions.
While people can face charges for possessing ketamine without a prescription or attempting to sell it, ketamine is also a well-known date-rape drug, which is why most prosecutors take harsh stances against it.
Possessing ketamine without a prescription – or possessing more than your prescription allows – is a violation of California Health and Safety Code 11377 HS and is a misdemeanor.
Misdemeanor drug possession can result in:
- Up to six months in county jail;
- A maximum fine of $1,000;
- Entrance into a drug diversion or substance abuse program; and/or
- Misdemeanor probation.
If the authorities believe that you had a large quantity of ketamine and intended to sell it to another person, you can face charges under Health and Safety Code 11379.2. Intent to sell is a wobbler. With first-time offenders, the charge may only be a misdemeanor, punished with up to one year in county jail, but a prior conviction can result in a felony.
Felony intent to sell charges can lead to:
- Up to three years in state prison;
- A maximum fine of $10,000; and/or
- Felony probation.
Because of ketamine’s use as a date-rape drug, a defendant who tricks or forces someone else to ingest it can also be charged with a sex crime. Also, there are other charges defendants can face if they committed prescription drug fraud to acquire ketamine.
You should only trust your ketamine case to an attorney who has experience in California’s drug courts. The district attorney will have to prove that you knowingly possessed ketamine and that you did not have a prescription for it, which your attorney can use to build a defense. Remember: the burden of proof is on the prosecution, and if your actions do not fully match those outlawed by the California Health and Safety Codes, you may be able to get your case dismissed.
Law Office of Michael L. Guisti can provide an aggressive defense that includes:
- You were not aware that you possessed ketamine.
- You were aware that you had drugs in your possession, but were not aware of ketamine or an illegal substance.
- Someone else placed ketamine in your possession.
- You only had ketamine for personal use and had no intention of selling it.
- The police performed an illegal search and seizure.
- The police committed some form of misconduct.
Beating a drug charge requires an aggressive and diligent strategy. You should expect the prosecution to seek the harshest penalties -- do not rely on the court’s mercy. Your best option is to work with an Orange County criminal defense attorney who can use his wealth of experience to secure a fair deal or complete dismissal for you. You may be able to enter a drug diversion program, where all your charges are dropped so long as you complete substance abuse treatment and classes.
Here at Law Office of Michael L. Guisti, our team can go to work examining all of your options. Our lead attorney is a member of the Nation’s Top Attorneys and has helped numerous clients get successful results in their criminal cases. Call us today at (714) 530-9690 or toll-free at (888) 478-8999 to begin planning your defense in a free case evaluation.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.