California Defense Attorneys: Methamphetamine Drug Charge Weight Enhancement

Methamphetamine Weight Enhancements

A California drug charge for methamphetamines carries extremely harsh repercussions, and factors known as drug sentencing enhancements can add additional years to your sentence. One such factor in a California meth case is a weight enhancement. If you're accused of methamphetamine possessesion, selling or manufacturing meth in certain weights the prosecutor will very likely add a weight enhancement to the charges against you. If you're facing a California drug charge for methamphetamines with a weight enhancement, you need a skilled California defense attorney fighting for your rights. An experienced California defense attorney from The Kavinoky Law Firm is ready to review your case and explain your options to you.

In order to impose the additional punishment of a methamphetamine weight enhancement, the prosecutor must prove both the underlying drug charge and the weight enhancement beyond a reasonable doubt. You cannot be convicted of the weight enhancement if you are not found guilty of the underlying California methamphetamine charge. If you are convicted of both, the additional punishment of the weight enhancement will be added to your sentence for the underlying drug charge.

The following weight enhancements can be added to a California methamphetamine case to increase your potential punishment. California sentencing law allows for three possible terms of incarceration in felony cases -- the lower term, the middle term and the upper term. Which sentence is applied depends on aggravating and mitigating factors -- issues that would prompt the judge to treat you more harshly or leniently -- and the facts of your case. The additional years of incarceration for a weight enhancement will be added to that sentence.

Code Section

Charge

Sentence

PC 1203.073b1

Two ounces of substance containing methamphetamine or one ounce of pure meth

No probation, judge has discretion

H&S 11370.4b1

More than one kilogram or

Plus three years

more than 30 liters

PC 1203.073b1

Two ounces of substance containing methamphetamine or one ounce of pure meth

No probation, judge has discretion

H&S 11370.4b1

More than one kilogram or more than 30 liters

Plus three years

H&S 11370.4b2

More than four kilograms or more than 100 liters

Plus five years

H&S 11370.4a3

More than 10 kilograms or more than 200 liters

Plus 10 years

H&S 11370.4a4

More than 20 kilos or more than 400 liters

Plus 15 years

11379.8

Violations of H&S 11379.6 (manufacturing):
More than one pound or three gallons:
More than three pounds or 10 gallons:
More than 10 pounds or 25 gallons:
More than 44 pounds or 105 gallons:

Add three years

Add five years

Add 10 years

Add 15 years

Clearly a weight enhancement in a California drug case for metamphetamines can add years to the potential sentence, but it may be possible to challenge both the underlying drug charge and the sentencing enhancement by moving to suppress evidence or through another aggressive defense strategy. To learn more about your options in your California methamphetamine case, please contact experienced California defense attorneys from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

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