California Health and Safety Code 11379.6, Manufacturing Drugs or Narcotics
by
Randy Collins on Jan. 25, 2013
Summary: Manufacturing Drugs or Narcotics is defined as deliberately producing illegal substances that are recognized under the United Controlled Substances Act. This is a felony offense, and one that is tried in Federal court, as well as in the local state court.
Definition
Manufacturing Drugs or
Narcotics under California Health and Safety Code Section 11379.6, is defined
as deliberately producing illegal substances that are recognized under the
United Controlled Substances Act. This is a felony offense, and one that is
tried in Federal court, as well as in the local state court.
Elements of the Crime
In order to take a Manufacturing
Drugs or Narcotics Health and Safety Code 11379.6 case to trial, certain
elements of the crime will have to be proven. These include:
·
That the
defendant was directly involved in producing drugs or narcotics
·
That the
defendant made an offer to manufacture drugs, even if none was produced
·
The
defendant did not have a certified license for producing these drugs or
narcotics, as is the case with pharmaceutical executives
Sentencing for California Health and Safety Code 11379.6
These penalties are to be
determined by a judge and he/she will make a decision based on the
circumstances surrounding the case.
When found guilty of Manufacturing
Drugs or Narcotics, it is usually filed as either a misdemeanor, with sentencing that includes:
·
Imprisonment
of up to five years, and no less than three years
·
Up to
fifty thousand in monetary fines
If there were an additional
factor, such as producing these narcotics or drugs in the presence of a child,
such as in a family home – sentencing increases by up to five years.
Legal Defenses for
California Health and Safety Code 11379.6
A good criminal defense attorney is able to present strong defenses for Manufacturing Drugs or
Narcotics cases under California Health and Safety Code 11379.6. Examples of
these defenses include mistaken identity; illegal search warrants by police
officers; or being an onlooker rather than a participant in these manufacturing
schemes.
To prove your innocence or get the best outcome
for your case, MacGregor and Collins has
successfully defended numerous Manufacturing
Drugs or Narcotics cases. Call (949)
250-6097 to speak to a California drug crimes lawyer today.