California Drug Lawyer: Clandestine Lab Charges, Guns & Firearms

Clandestine Drug Lab Charges: Guns and Firearms

Operating a clandestine lab in California is a serious offense that carries harsh consequences, and those repercussions can be substantially increased with the addition of sentencing enhancements that include guns and firearms.

The allegation that you used or possessed a firearm while manufacturing drugs is one possible sentencing enhancement that can be filed in a California clandestine lab case. A top California drug lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight both the underlying drug charges and any sentencing enhancements.

The same constitutional protections apply to sentencing enhancements as to underlying criminal charges - your guilt must be proven beyond a reasonable doubt or you cannot be punished. You cannot be punished for a sentencing enhancement if you aren't convicted of the underlying charge.

California's determinate sentencing laws outline a range of punishment for felony offenses and enhancements. This range, expressed in months, or, more commonly, years in prison, is referred to as the lower, the middle and the upper term. The sentence the judge imposes will be determined by aggravating and mitigating factors - issues that prompt the court to treat you more harshly or leniently.

These are the sentencing enhancements that can be filed in cases that involves clandestine labs involving a gun or firearms:

Code Section

Enhancement

Sentence

12022c

11378, 11379, or 11379.6 (or attempt) while armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable)

Full consecutive 3-4-5
(If vicarious 12022d, add
1-2-3)

12022a

Armed with a firearm (loaded or unloaded) during the commission of any felony

Add one year

These sentencing enhancements for possessing or using a gun while pursuing any of the activities associated with operating a clandestine lab can add years to an already lengthy prison sentence, so it's important to have a strategic defense plan. Skilled California drug lawyers from The Kavinoky Law Firm has the experience needed to fight both your underlying clandestine lab charge and any sentencing enhancements. Please contact a top California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

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