Methamphetamine Sale

Methamphetamine is a Schedule II Controlled Substance, meaning that it has a high potential for abuse, and but there is some accepted medical use. In other words, you can get a prescription for methamphetamine and other amphetamines. Amphetamines are commonly prescribed, even to children, in the form of Adderall and other ADHD drugs. Amphetamines are also prescribed less frequently for obesity, and to keep people awake.

Methamphetamine based substances are a stimulant, used recreationally to enjoy euphoric feelings and a high energy speed sensation. Unfortunately, methamphetamine can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, skin lesions, and heavy addiction. Long term use of methamphetamine can lead to psychotic behavior, prolonged anxiety, high blood pressure, cardiovascular issues, and brain damage.

First, let Sales of Methamphetamine Lawyers in Irvine give you the relevant law. The relevant portion of the law that is applicable to Sales of Methamphetamine in Irvine is summarized below. However, the full text of the Sales of Methamphetamine laws in Irvine can be found in California Health and Safety Code Section 11379. That same law also prohibits sales of GHB, PCP, ketamine or special K, and steroids.

To prove that the defendant is guilty of Sales of Methamphetamine, the Prosecutor must prove that:

The defendant (sold /gave away/transported/imported into California) methamphetamine;

The defendant knew of its presence; AND

The defendant knew of the substance's nature or character as a methamphetamine.

In Irvine, sales of methamphetamine can result from “actual sales” by exchanging methamphetamine for money, services, or anything of value. Sales of methamphetamine can also be charged as “transportation” if you merely move methamphetamine from one location to another, even if the distance is short, even without any sales at all. Importation is charged where there is some evidence the defendant imported meth into California from another state or country.

The Sales of Methamphetamine laws in Irvine can be confusing to a defendant charged with a crime. Our team of lawyers knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

If you are convicted of Sales of Methamphetamine in Irvine, you may face severe penalties. Sales of Methamphetamine in Irvine is a felony.

The statutory sentence for Sales of Methamphetamine in Irvine includes a prison sentence from two to four years. However, depending on the circumstances of your case, the possible sentence can be elevated to a range of three to nine years. There is an additional fine of up to $10,000. (See HSC 11379 and CPC 1170(h).) Also, a court may say that you are addicted to methamphetamine and you may lose your driving privileges in Irvine. (CVC 23152(c).)

There are also a number of aggravating circumstances which may increase the severity of your punishment if convicted of Sales of Methamphetamine. For instance, if you possess both methamphetamine and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1.)

Sales of methamphetamine within 1,000 feet of a drug treatment center, detoxification facility, or homeless shelter, could lead to an increased penalty. Also, if you induce a minor to possess, or use a minor to possess methamphetamine, then you may face increased penalties, including longer prison or jail time, longer probation, and larger fines. (See HSC 11380, 11380.1.)

Immigration status may be affected by a conviction for Sales of Methamphetamine. In other words, you may be deported, or your eligibility for admissibility to the United States may be impacted if you are convicted of sales of methamphetamine.

Our team of lawyers may be able to assist you with a number of different options if you are convicted of Sales of Methamphetamine. In Irvine, a prison sentence for sales of methamphetamine may be shifted to a local jail sentence. You may also be eligible for probation or community service.

Our team of lawyers may be able to get your charges reduced to a misdemeanor for simple possession, or dispensing a drug without a license. If we can get your charges reduced then you may be eligible for drug diversion programs such as PC 1000, Proposition 36, and drug courts.

Just because you were charged with a crime doesn’t mean that you committed one. There are a number of defenses to a charge of sales of methamphetamine. Although some of those defenses are listed below, there may be additional defenses that apply depending on the individual facts of your case.

Our team of lawyers diligently reviews your case file to see if there are any reasons that the court may dismiss your case. An improper search warrant, or an improper search by police may get your case dismissed before trial. Improper arrest procedures, and other improper police actions may also get your case dismissed.

Entrapment may be a defense to Sales of Methamphetamine in Irvine if the police gave you the idea to sell meth, or if you were pressured by police to sell meth.

If you did not know that the substance was methamphetamine, or if you were completely unaware that you possessed the drug, then you may have a good defense.

Also, if you found the methamphetamine, and only possessed the drug so that you could destroy or dispose of it, then you may have a defense under a law called “momentary possession”.

If you overdosed on drugs and sought emergency care, only to be arrested for sales of methamphetamine, then you are protected under the law. Also, if you sought medical services for someone else who had overdosed on drugs, and then you were arrested for methamphetamine, then you have a defense in court.

If the amount of methamphetamine you possessed was nothing more than debris, traces, or residue, our team of lawyers may be able to get a lab analysis which shows the weight of the drug is not a useable amount.

Your individual defense will depend on the individual facts of your case. Contact our office so that we can determine the best defense based on the circumstances of your case.

Our team of lawyers know this area of law and may be able to get your Sales of Methamphetamine charges reduced. Although a dismissal is the most favorable outcome, a reduced charge may be the best option available to you based on the evidence in your case. It is possible to get your charges reduced to a misdemeanor such as Dispensing Drugs Without a License (HSC 11352.1) or Simple Possession of Methamphetamine, (HSC 11377).

To find a defendant guilty of Possession for Sales of Methamphetamine in Irvine, the Prosecutor must show that you possessed methamphetamine with the intent to sell it. (See HSC 11378). The Prosecutor can try to show that you intended to sell methamphetamine in Irvine in a number of ways. For instance, cell phone messages indicating meth sales is a red flag, and may be admissible in court to show your intent to sell meth. Also, a large amount of meth, baggies, money, weapons, and owe lists can be used to show you intend to sell meth. Other indicators could include increased traffic to a residence or something as simple as the trash can left at the curb with meth trash inside. A lot of times confidential informants, snitches, or undercover police provide the information necessary to show your intent to sell methamphetamine in Irvine.

If you have been charged with Possession for Sales of Methamphetamine then you need to act now because the penalties are as severe as those for Sales of Methamphetamine.

If you have prior convictions for sales of drugs, then you may face increased penalties in your current Sales of Methamphetamine case. Our team of lawyers aggressively challenges any prior convictions. For instance, if your prior sales of drugs conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Sales of Methamphetamine penalties. Call our team of lawyers today to see how your prior convictions may impact your current Sales of Methamphetamine charge.

Contact Team Sales of Methamphetamine Irvine today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.