Orange County Meth Defense Attorney
Drug Defense for Crystal Meth Charges (CA Health & Safety Code Section 11377)
Since meth has become such a problem Orange County, law enforcement is vigorously arresting and prosecuting people who are caught with methamphetamines. Because of the dangers and risks associated with the drug, methamphetamines are among the most heavily regulated controlled substances in California. There are three different charges associated with this type of controlled substance, including:
- Possession of Meth
- Possession with Intent to Sale:
- Transport/Sale of Meth
Possession of Methamphetamines in OC
The least of all the above charges, possession of meth is still a heavier offense than possession of marijuana or a lesser controlled substance. As a federally regulated substance, unauthorized possession of any usable amount of methamphetamines without prescription by a licensed medical professional is punishable by the law. Proving guilt for a charge of possession requires the prosecution to show that the defendant:
- Owned or possessed the drugs in question
- Was conscious of their possession/ownership
- Was aware of nature of meth as a controlled substance
Possession of Meth with Intent to Sell/Distribute
The next level of meth-related offenses involves the intent to sell or distribute the drug to others. In order to legitimize conviction for this charge, the prosecution will be required to prove the same elements as mentioned above as well as show that:
- There was enough meth to warrant sale/distribution
- The defendant had the intention to distribute the drug
While sale and distribution charges are more serious, adequately proving that the defendant possessed the meth only for personal use could reduce the charge back down to a simple possession offense. This could mean a significant difference in the sentence, as possession with intent to sell is a felony offense while possession switch between misdemeanor and felony, depending on the amount of drugs involved.
Transportation and Sale of Meth
While possession with intent is limited to a purpose for the drugs, transportation and sale of meth is a charge that involves an actual transaction. Someone arrested for this charge is likely to have been caught in the middle of or directly after a transaction involving methamphetamine. In other words, an actual sale must have happened in order for law enforcement to levy this charge. If they are unable to provide substantial evidence to prove this occurrence, the charge can be reduced to a "possession with intent" or simple "possession" charge.
Defending Against Possible Penalties in Orange County
As methamphetamines warrant felony charges, the sentence for conviction can vary but commonly includes between one year and four years in prison as well as up to $10,000 in court fines. If you have been accused of a meth-related charge, your future depends on the defense representation you obtain. Contact the experienced Orange County drug defense attorneys at Law Office of Michael L. Guisti at (714) 530-9690 to learn more about how we want to defend you.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.