Prior Convictions and California Methamphetamine Cases
If you’ve been arrested for a California methamphetamine charge, the prosecutor may add factors called sentencing enhancements that can add substantially to your methamphetamine sentence if convicted.
One possible sentence enhancement in a California meth case is for prior convictions. If you’re facing a repeat-offense California methamphetamine charge, skilled California defense lawyers from The Kavinoky Law Firm may be able to help you avoid some of all of the consequences you face.
Under California Health & Safety Code section 11370.2b,c, you can be sentenced to an additional three years in prison for each prior methamphetamine conviction if you are convicted of H&S 11378 (possession for sale), 11379 (sale), 11379.6 (manufacture), 11380.5 (offenses in public parks or beaches), 11383 (possession of chemicals with intent to manufacture) with prior 11351 (possession with intent to sell), 11351.5 (possession of cocaine base), 11352 (transport, import, furnish, etc.), 11378.5, 11379.5. 11379.6, or 11380.
Under California Penal Code section 1203.07(a)(11), if you have a prior conviction for H&S 11378 (possession for sale) or 11379 (sale) and are charged with either of these offenses again, you cannot receive probation. The judge has no discretion in this matter.
Under California Penal Code section 1203.073 b8, a prior conviction for H&S 11378, 11379, 11379.6, 11380, 11382, or 11383 means that you cannot receive probation for a new conviction of 11379.6, 11382, or 11383. However, the judge has discretion in this matter.
California Penal Code section 667.5b dictates that you can receive an additional year for a methamphetamine conviction for each prior prison sentence. However, this additional time cannot be imposed if you avoided additional felony convictions or incarceration for five years after being released from prison.
Under California H&S 11366.5c, if you’re convicted of 11366.5a (managing a place for manufacture, storage and/or distribution of a controlled substance and have a prior conviction for the same charge, you can be sentenced to an additional two, three or four years in prison.
Prior drug convictions in California methamphetamine cases can add years to your sentence, so it’s up to your California defense attorney to aggressively fight both the underlying drug charge and any sentencing enhancements.
To learn more about aggressive defenses to methamphetamine charges, please contact experienced California criminal defense lawyers from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.