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Sentencing Enhancement: Location and a Methamphetamine Charge

Certain factors known as sentencing enhancements can significantly increase your punishment in a California methamphetamine case. The location of the alleged criminal activity is one possible sentencing enhancement in a meth case.

If you're facing a methamphetamine charge in California, you want an attorney on your side who will do everything possible to minimize or even eliminate negative repercussions. Experienced California defense attorneys from The Kavinoky Law Firm is well-versed in the latest defense techniques and will fight aggressively to protect your rights.

The prosecutor in your California methamphetamine case must prove both the underlying drug charge and the sentencing enhancement beyond a reasonable doubt in order for you to receive additional punishment. You can't be convicted of a sentencing enhancement unless you're found guilty of the underlying charge.

California determinate sentencing law calls for one of three prison terms in felony cases -- the lower term, the middle term and the upper term, expressed in months or years. The sentence that's applied after a conviction depends on aggravating and mitigating factors -- issues that prompt harshness or leniency -- and the facts of the case.

The following location sentencing enhancements can be filed in a California methamphetamine case:

Section Number
Charge
Sentence
11366
Maintaining a place for sale or use
16-2-3
11366.5a
Rents or makes available
16-2-3
for manufacture or distribution
11366.6
Using a fortified location to possess for sale, sell, or manufacture
3-4-5
11366.5b
Derive excessive profit and allow to be fortified
2-3-4
11353.6
Possess for sale, sell or manufacture upon school grounds or within 1,000 feet of school (in a public place, or place legally open to minors), while school was in session or while children were using the school facility
3-4-5

11379b
Transports for sale to non-contiguous county
3-6-9
11380.5
Possession for sale or sale at public park or ocean-front beach if drug-free zone (includes library, pool, youth center)
Add one year


11380.1a1
If 11380 and offense occurs upon grounds of playground, church, childcare, pool, when open or when minors using the facility
Add one year

11380.1a2

If 11380 and offense occurs upon grounds of, or within 1,000 feet of school in session or when minors using facility
Add two years
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