Skip to main content

What is the difference in sentencing between the pos for sales charge as apposed to a simple pos charge?

Vista, CA |
Attorney answers 3


There is a huge difference. If you plead guilty to sales you really need to talk to your attorney if you had any questions.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


There is a HUGE difference in a poss case versus a sales case. Possession cases may be dismissed through completion of drug counseling/treatment such as PC1000 or for a more strenuous regimen through Prop 36. AAlso, some possession cases can be reduced to misdemeanors whereas sales cases are lifetime Felony cases with lifetime registration as a narcotics offender under Health and Safety Code section 11590. In some cases, your attorney may be able to negotiate a disposition where you can withdraw your plea to the sales charge after a period of successful probation and then enter a plea to the possession charge and reduce it to a misdemeanor at that time. Hope that this has been helpful to you. Paul H. Neuharth, Jr. 619-231-0401


Better late than never to ask that question, I suppose. To withdraw your plea before sentencing, you would need a pretty good reason. There is a big difference between the 2 offenses which may include increased penalties, priorability for increased punishment for future offenses, inability to reduce to a misdemeanor. etc.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555