Minors and California Methamphetamine Cases
Certain factors called sentencing enhancements can be added to California methamphetamine cases that can add years to the potential sentence. The involvement or presence of minors is one sentencing enhancement that can be filed in a meth case.
Because the repercussions of a California methamphetamine charge are so severe, it’s imperative to have a skilled attorney on your side. A knowledgeable California drug lawyer from The Kavinoky Law Firm thoroughly understands the complexities of a methamphetamine charge and will aggressively defend you against both the underlying charges and any sentencing enhancements.
A prosecutor must prove both the underlying drug charge and any sentencing enhancements beyond a reasonable doubt in order for you to receive the additional punishment. If you aren’t convicted of the underlying charge, you cannot be punished for the sentencing enhancement.
California sentencing guidelines spell out a lower term, a middle term and an upper term for certain offenses. The sentence that is meted out depends on aggravating and mitigating factors — information that prompts the judge to treat you more harshly or leniently — and the facts of each case. The sentence for each offense or enhancement is spelled out in months or years in prison.
The California Health and Safety Code allows for the following sentencing enhancements to be filed in methamphetamine cases involving minors:
* 11380 — Utilizing, soliciting, furnishing a minor re: methamphetamine — 3-6-9
* 11379.7 — Manufacturing methamphetamine (H&S 11379.6) or possession of precursor chemicals with intent to manufacture (H&S 11383) with a child under 16 present, add two years. If a child under 16 suffers great bodily injury during the commission of these offenses, add five years.
California methamphetamine charges involving minors can bring sentencing enhancements that add years to a prison commitment, so it’s critical to aggressively fight both the underlying drug charge and any enhancements.
An experienced California drug defense lawyer from The Kavinoky Law Firm can thoroughly review your methamphetamine case and help you determine your next step. Please contact a skilled defense attorney today at 1.800.NO.CUFFS for a free consultation.
