Sale or Transportation of Methamphetamine - Health and Safety Code 11179
This is a severe charge in Los Angeles County because prosecutors and judges think that methamphetamine is such a dangerous drug, is very addictive, and has destroyed many lives. The severity of these charges should not be underestimated, and you must understand the potential consequences.
So, when they see people selling this type of drug, they are particularly harsh on them. Another drug that falls in the same category as methamphetamine for sale would be heroin, which is another very destructive drug.
Comparatively, the sale of methamphetamine is treated much more severely than marijuana, which has largely been reduced to a misdemeanor. Prosecutors are more stringent when it comes to methamphetamine, seeking harsher punishments for those involved in its sale.
Usually, if you get a first offense for possession or sale of methamphetamine in Los Angeles and you have no prior criminal record, the standard sentence, if there are no extra or aggravating factors, is 180 days in the county jail. HS 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 narcotic or prescription medication, you would get an offer somewhere in the prison range. Another factor that can enhance this offer and make it worse is if there is a gun found nearby of the narcotics.
That would cause them to perceive you as a much more dangerous criminal who needs to go to prison, for example, or get a longer sentence.
Other aggravating factors when it comes to methamphetamine under 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. You would be facing a much more severe punishment.
If you are found with a significant amount of methamphetamine, to the extent that you are perceived as a supplier responsible for numerous deaths and a substantial drug trade, the federal government may intervene.
This escalates the case from the state level to the federal level, with the potential for a ten-year mandatory minimum sentence. This possibility underscores the serious nature of the charges you are facing.
A lot of times, depending on how much you have, you'd also be looking at a ten-year mandatory minimum sentence. So, this gives you a feel for how prosecutors, 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 danger level. Many people are doing it in a residential neighborhood where there could be an explosion, and I've handled several cases where there have been explosions.
People have been injured or even killed. So, this is a dire 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-day jail sentence for a first offense, and of course, there are ways to avoid going to prison for a more serious offense.
But, before you can avail yourself of these potential remedies, you'd want to have a drug crime attorney who is very familiar with dealing with methamphetamine sales cases and transportation cases. Having a skilled attorney on your side can provide you with the guidance and support you need during this challenging time.
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, and shows some of the good characteristics of you and your life.
These could include your community involvement, employment history, or personal relationships.
Suppose we can differentiate you from the typical seller of methamphetamine or the more severe seller of methamphetamine. In that case, we start to get in a position to avoid custody time and set some things up so you can get this off your record at some point.
This could involve completing a rehabilitation program, maintaining a clean record for a certain period, or other legal strategies.
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