California Defense Attorneys: Clandestine Lab Drug Charges and Location

Clandestine Labs and Locations

In California, a conviction for operating or contributing to a clandestine drug lab carries extremely harsh repercussions, and factors called sentencing enhancements can increase the consequences even more. One type of sentencing enhancement that can be filed in cases dealing with California clandestine labs is based on the location of the alleged drug manufacturing operation. If you're charged with operating a clandestine lab, with or without sentencing enhancements, a knowledgeable California defense attorneys from The Kavinoky Law Firm has the skills needed to aggressively fight for your rights.

Most sentencing enhancements in California drug cases carry the same constitutional protections that apply to the underlying drug charges - your guilt must be proven beyond a reasonable doubt or you cannot receive additional punishment. Also, you cannot be punished for a sentencing enhancement if you aren't convicted of the underlying drug charge.

Many California felony charges and sentencing enhancements are punishable by a range of prison terms referred to as the lower, the middle and the upper term. The sentence that the judge hands down will depend on aggravating and mitigating factors - issues that prompt the court to treat you more harshly or leniently.

These are the possible sentencing enhancements based on location that can be filed in a California clandestine lab case:

Code Section

Enhancement

Sentence

11366.5a

Rents or makes available for manufacture

Misdemeanor or 16-2-3

11366.6

Utilizing fortified location to manufacture

3-4-5

11366.5b

Derive excessive profit and allow to be fortified

2-3-4

11353.6

Manufacture on school grounds or within 1,000 feet of school (in a public place or place legally open to minors) when school was in session or when children using the school facility

Add 3-4-5

11380.1a1

If 11380 and offense occurs upon ground of playground, church, child care, pool, when open or when minors using facility

Add one year

A sentencing enhancement based on location can add many years to an already substantial prison sentence, so it's in your best interests to aggressively fight both the clandestine lab charges and any sentencing enhancements.

Knowledgeable California defense attorneys from The Kavinoky Law Firm are well-versed in aggressive defenses to clandestine lab charges. Please contact a skilled California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

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