What is Constructive Possession?

There are many ways that you can have possession over an object. Constructive possession is particularly important in cases involving illicit drugs and firearms. Individuals in California who are found to be in constructive possession of any sort of contraband can face serious legal repercussions and criminal charges. It is important that you understand this concept and the consequences of facing the associated penalties. For assistance in navigating the complexities of your case, work with an experienced Red Bluff criminal lawyer.

Constructive Possession Defined

Constructive possession is a legal concept that states that an individual may be deemed to have possession of an object even if it is not directly in the person’s control. Actual possession means direct and present physical control over an object whereas constructive possession refers to the individual’s ability to exercise control over the object.

For example, consider someone who has a key to a safe. Within the safe is illegal contraband like stolen property or drugs. The person may not be in current possession of the illegal contraband, but they do have the key which gives them access to the items.

If the item is in your home, car, under the care of someone else, etc. but you still have control over it, you can be charged.

How is Constructive Possession Charged in California?

Many cases are based on an individual’s constructive possession of illegal contraband like drugs or a gun. The prosecution must effectively establish two elements to have a valid case to charge the defendant.

First, it has to be shown that the defendant knew about the object’s presence. To prove that they knew the item existed the prosecutor may rely on evidence about where the object was located or with whom. For example, if an illegal firearm was found in the defendant’s bedroom, a prosecutor might insist that they must have known about the item and placed it there as they were the only ones with access to the house.

Next, it must be proven that the defendant had the ability to control the item. If both of these elements were present and can be proven in court, the defendant may be found guilty.

What Are the Penalties?

The penalties for constructive possession will vary depending on the details of the case and the object that was possessed. A defendant who is found guilty of possessing drugs will face different consequences than a defendant who is found guilty of possessing of a gun.

The illegal constructive possession of a firearm is generally charged as a felony offense and is punishable by up to 3 years in jail. Defendants may also be forced to pay fines of up to $10,000.

Illegal constructive possession of drugs will have varying consequences depending on the number of doses, type of drugs, whether the defendant intends to sell, etc.

Speak with a skilled criminal defense attorney to acquire representation during your case.