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Yesterday afternoon, an eagle-eyed police officer spotted a vehicle that looked suspiciously familiar… because it was, according to the Irvine Police Department.
The car was previously tied to a narcotics investigation, and the sequel did not disappoint.
During the stop, the police officers found an unreported stolen handgun and about 1/2 ounce of meth and fentanyl.
Joshua Yousefivand, 32, of Redondo Beach, was arrested and booked on narcotics charges as well as gun charges.
Yousefivand was then given transport to the Orange County Jail.
Criminals are not generally the brightest people but driving around in a vehicle that was already part of a police investigation and then returning to the scene of the crime with drugs and a stolen firearm is next level stupid!
Yousefivand was previously arrested for drug possession in Orange, CA in January of last year according to this site.
Yousefivand is facing serious felony charges under California law. The penalties can be significant and depend on various factors, including his prior criminal history and how the prosecution decides to charge the offenses.
Here’s a breakdown of potential charges and penalties:
1. Possession of a Controlled Substance While Armed (Health and Safety Code 11370.1 HS): This is a very serious charge that combines drug possession with firearm possession.
- Elements: The prosecution must prove he possessed a usable amount of a controlled substance (methamphetamine and fentanyl are covered), knew of its presence and nature, and while possessing it, had a loaded, operable firearm available for immediate offensive or defensive use.
- Penalties: This is a straight felony (cannot be reduced to a misdemeanor) punishable by:
- Two, three, or four years in California state prison.
- A fine of up to $10,000.
- Formal felony probation may be possible in some cases, which could include up to one year in county jail and three years of supervision with conditions like regular meetings with a probation officer, drug testing and counseling, and community service.
- Ineligibility for Diversion: A conviction under HS 11370.1 makes a defendant ineligible for drug diversion programs like Proposition 36 or deferred entry of judgment (Penal Code 1000 PC).
- Firearm Ban: A conviction will result in a lifetime ban on owning or possessing firearms.
2. Possession of Stolen Firearm (Various Penal Codes): The fact that the handgun was “unreported stolen” significantly aggravates the firearm charge.
- Penal Code 25400 PC (Carrying a Concealed Firearm): This charge is likely if the handgun was concealed in his car.
- Normally a misdemeanor, but becomes a felony if:
- The firearm was stolen, and he knew it was stolen.
- He was not in lawful possession of the gun.
- The firearm was loaded, and he was not the registered owner (which is the case here).
- Felony Penalties: 16 months, two years, or three years in county jail and/or a fine of up to $10,000.
- A felony conviction under this section typically results in a lifetime ban on owning or possessing firearms.
- There can be a mandatory minimum jail sentence of at least three months if he has a prior felony or firearm offense conviction.
- Normally a misdemeanor, but becomes a felony if:
- Penal Code 25850 PC (Carrying a Loaded Firearm in Public/Vehicle): This charge is also likely if the handgun was loaded in his car.
- Often a misdemeanor, but if he is not the registered owner (PC 25850(c)(6)), it can be charged as a wobbler (misdemeanor or felony).
- Felony Penalties (if charged as such): 16 months, two, or three years in county jail.
- A felony conviction carries a lifetime restriction from owning or possessing a firearm.
3. Possession of Methamphetamine and Fentanyl with Intent to Sell (Health and Safety Code 11351 HS and 11378 HS): While the information states “about 1/2 ounce,” the presence of packaging materials, scales, or other indicators could lead to charges of possession with intent to sell, rather than just simple possession. The quantity (1/2 ounce is approximately 14 grams) could be considered an indicator of intent to sell, especially for fentanyl, which is potent in small amounts.
- Methamphetamine (HS 11378 HS for possession for sale):
- Felony Penalties: Up to three years in state prison and a fine of up to $10,000.
- Fentanyl (HS 11351 HS for possession for sale): Fentanyl is treated very seriously due to its potency.
- Felony Penalties: Two, three, or four years in prison.
- Additional sentencing enhancements may apply for quantities over 1 kg, which can add several years to a sentence. While 1/2 ounce is below 1 kg, the sheer deadliness of fentanyl might influence prosecutorial approach.
Aggravating Factors and Enhancements:
- Stolen Firearm: The fact that the handgun was stolen is an aggravating factor that can increase the severity of the charges and penalties.
- Being Armed While Committing a Drug Offense: This is already covered by HS 11370.1, but if the drug charges were pursued separately, being armed could be a sentencing enhancement (Penal Code 12022 PC), adding one to five years to a sentence.
- Prior Criminal History: Any prior felony convictions or certain misdemeanor convictions (especially drug or firearm-related) would significantly increase the potential penalties and could result in longer prison sentences and limitations on probation eligibility.
- “Wobbler” Offenses: Many firearm offenses are “wobblers,” meaning they can be charged as either misdemeanors or felonies depending on the circumstances and the defendant’s criminal history. Given the presence of drugs and a stolen firearm, it’s highly likely these would be charged as felonies.
Summary of Potential Penalties: The man is likely facing multiple felony charges, primarily:
- Possession of a Controlled Substance While Armed (HS 11370.1): Up to 4 years in state prison.
- Carrying a Concealed/Loaded Stolen Firearm (PC 25400/25850): Up to 3 years in county jail.
- Possession of Methamphetamine/Fentanyl for Sale (HS 11378/11351): Up to 4 years in state prison.
These charges could be run consecutively, meaning the sentences could stack, leading to a much longer overall prison term. He will almost certainly face a lifetime ban on possessing firearms.
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