Being charged with any type of drug crime is a distressing experience. While the state will pursue possession and sale of drugs vigorously, they take the manufacturing of drugs even more seriously. If you have been charged with drug manufacturing, it is essential that you contact a California criminal defense lawyer as soon as possible.
The crime of manufacturing a controlled substance is covered in California’s Health and Safety Code 11379.6 HS. Under this law, it is illegal for anyone to make or manufacture a controlled substance. This is a felony offense and if convicted, a person will face three to seven years in prison or jail. Anyone convicted will also have a permanent criminal record.
As in any other criminal case, there are certain elements of a case the prosecution must prove beyond a reasonable doubt to secure a conviction. These elements are as follows:
- The defendant produced, compounded, manufactured, or prepared a controlled substance listed in the Controlled Substance Act
- The defendant was aware that the substance they were manufacturing or producing was an illegal substance
- The defendant participated in making the drug at the beginning of the process, or in the intermediate steps
- The prosecution does not have to prove the defendant knew which controlled substance specifically they were manufacturing
- The defendant does not have to complete the manufacturing process, but they must have started it
It is important to know that even offering to manufacture a controlled substance is a felony in California. If you are convicted, you will face three, four, or five years in county jail. If children are present for the manufacturing of a controlled substance, or they suffer harm as a result, a consecutive jail sentence of five years may be added to your sentence. Speak to a criminal defense lawyer when facing charges.
While facing charges for manufacturing a controlled substance is daunting, it is important to remember there are defenses available. Some of the most common defenses a criminal lawyer may use after examining the facts of your case are as follows:
- The defendant only prepared for the manufacturing process but had not started making drugs yet, which is not a criminal offense
- The defendant was arrested after an unlawful search and seizure and so, any evidence collected as a result of the search is inadmissible in court
- The defendant was a victim of entrapment and was illegally lured or pressured into manufacturing drugs by a law enforcement officer
If you or someone you love has been charged with manufacturing a controlled substance, it is critical that you speak with a California criminal defense lawyer that can help.
If you have been charged with
manufacturing drugs, call 805-477-0070 now.
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At the Law Offices of David Lehr, our California criminal defense lawyers know how serious charges of manufacturing drugs are, and we also have the necessary experience to defend against them. We are dedicated to serving clients in Ventura, Oxnard, and Camarillo and will prepare a solid defense strategy for your case to give you the best chance of getting your charges reduced, or having them dismissed. Call us today or contact us online to schedule a free case review.
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