Sale or Transportation of Meth – California Health and Safety Code 11179
This is a very serious charge in Los Angeles county because prosecutors and judges are of the opinion that methamphetamine is such a dangerous drug and is very addictive and has destroyed many lives. So, when they see people selling this type of drug they are particularly harsh on them. Another drug that kind of falls in the same category is methamphetamine for sales would be heroin, which is another very destructive drug.
Whereas, if you compare this to marijuana for example which has pretty much been reduced down to a misdemeanor across the board, the prosecutors are going to be much more harsh when it comes to selling methamphetamine in the types of punishments that they're looking for.
Usually, if you get a first-offense for possession for sales or sales of methamphetamine in Los Angeles and you have no prior criminal record, kind of the standard sentence if there's no extra or aggravating factors would be 180 days in the county jail. California Health and Safety Code 11179 makes it a crime to sell or transport methamphetamine.
Prior Convictions Or Weapons Will Enhance Sentence
If on the other hand, you have a prior for sales of any kind of narcotic or prescription medication, you would get an offer somewhere in the prison range. Other factors that can enhance this offer and make it worse is if there is a gun found in close proximity of the narcotics. That would cause them to perceive you as a much more dangerous criminal that needs to go to prison for example or get a longer sentence.
Other aggravating factors when it comes to methamphetamine pursuant to Health & Safety Code Section 11179 would be having a large amount of this particular narcotic because they will think that you are a high-level seller and you would be facing a much more severe punishment.
If you have too much of this particular narcotics — to the degree that they think you are a supplier of methamphetamine responsible probably for many deaths and thousands of dollars' worth of movement of the drug and possibly violence — a lot of times the federal government will get involved and they will indict you and then the Health & Safety Code Section is no longer applicable. You'll be looking at a federal section.
A lot of times, depending on how much you have, you'd also be looking at a ten-year mandatory minimum sentence. So, this kind of gives you a feel for how prosecutors and judges and the legislature view selling methamphetamine.
Another thing that I see a lot is people will get caught manufacturing methamphetamine which will trigger much more harsh penalties because of the fact that the danger level. A lot of people are doing it in a residential neighborhood where there could be an explosion and I've handled a number of cases where there have been explosions.
People have been injured or even killed. So, this is a very serious situation if they believe you're manufacturing methamphetamine in any way or involved with the manufacturing of methamphetamine in any way.
Fighting Meth Sales or Transporting Cases
So, there are ways to avoid the 180 days on a first-offense, and of course, there are ways to avoid going to prison on a more serious offense. But, before you can avail yourself of these potential remedies, you'd obviously want to have a drug crime attorney who is very familiar with dealing with methamphetamine sales cases and transportation cases.
Some of the defenses that can be utilized to try to suppress this type of evidence against you and if it can't be suppressed and they do have a good case against you, then showing the prosecutors that the particular activity that you're involved in is an aberration, will not happen again an show some of the good characteristics and you and your life.
If we can differentiate you from the typical seller of methamphetamine or the more serious seller of methamphetamine, then we start to get in a position to try to avoid any custody time and set some things up so you can possibly get this off your record at some point.