Possession of Methamphetamine – California HSC 11377
A person convicted for the possession, sale or production of methamphetamine in violation of California Health & Safety Code 11377 faces serious penalties, including prison time. Even the possession of large amounts of chemicals used to make methamphetamine can result in a methamphetamine production charge. When facing charges for possession of methamphetamine, you should speak to an experienced and skilled West Covina methamphetamine criminal defense lawyer who can help guide you through the criminal justice process.
West Covina Criminal Lawyer Details What the Prosecutor Must Prove
The prosecution in a methamphetamine possession case must show that the defendant:
- Actually possessed the methamphetamine, also known as “right of control;”
- Knew or had knowledge that he or she possessed the methamphetamine;
- Knew that the methamphetamine was a controlled substance (even if the defendant did not know that the substance was methamphetamine, it is enough that he or she knew it was a controlled substance); and
- The amount possessed was a useable quantity (more than trace amounts).
If the prosecution can prove that you had physical custody or control, whether intentional or not, over the methamphetamine, then you could be found guilty of this offense.
Methamphetamine Possession Penalties
A California defendant may face misdemeanor or felony charges for the possession of methamphetamine. Depending on the amount of drug found in the defendant’s possession or on his or her property, a defendant may face up to 3 years in state prison. Additional penalties may apply in some situations, and there are also cases where a defendant may qualify for alternative sentencing to avoid jail time, through the state’s drug diversion program.
California law makes a specific distinction between the simple possession of methamphetamine versus possession with the intent to sell or distribute. When a defendant is found with large amounts of the drug in his or her possession or is also in possession of drug paraphernalia that may indicate the intent to distribute, he or she may face more serious criminal charges.
Possible Legal Defenses Available To Your West Covina Criminal Defense Lawyer
- Momentary Possession – Possession is not illegal if the defendant can prove momentary possession. The defendant has the burden of proving this defense by a preponderance of the evidence.
- No Control Over Methamphetamine – The defendant cannot be charged with possession of methamphetamine in California if the defendant did not have control over the illegal substance. Agreeing to buy methamphetamine does not, by itself, mean that persons has control over the substance.
- Lack of Awareness or Knowledge of Methamphetamine – The defendant cannot be charged with possession of methamphetamine if he or she was not aware of the substance’s presence and that it was a controlled substance.
Contact a West Covina Drug Crimes Defense Lawyer
An experienced West Covina criminal defense lawyer is essential to preserving your rights and ensuring that your case is handled promptly and with the best disposition possible. West Covina criminal drug defense lawyer Daniel V. Cota has been putting his experience to work for years in methamphetamine possession cases and may be able to help you if you find yourself charged with a methamphetamine possession crime. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced West Covina criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.