Definition

Possession of Methamphetamine under California Health and Safety Code Section 11377, is a either a misdemeanor or felony – depending on the circumstances of the case. It’s when someone has in their possession methamphetamine, otherwise known as meth, ice, rock or other nicknames.

This substance is also regulated by the United States Controlled Substances Act.

Elements of the Crime

In order to take an Possession of Methamphetamine under California Health and Safety Code Section 11377 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant had in their possession methamphetamine

·         That the defendant knew it was an illegal drug

·         That the defendant had enough Methamphetamine to use

Punishments for California Possession of Methamphetamine

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 Possession of Methamphetamine, it is usually filed as either:

·         A misdemeanor: which is punishable by up to one year in the county jail, or up to $1,000 in fines

·         A felony, which includes either sixteen months,  two or three years in prison, and a maximum of $10,000 in fines.

There are additional aggravating factors of the crime, including selling or trading methamphetamines, which constitutes much higher fines and penalties. Use of Methamphetamines in California are extremely popular. However, not everyone arrested is automatically guilty. There are equally numerous cases of mistaken identity, or cases where the defendant was unaware of even having the drug in his or her possession. There are several legal defenses that a skilled attorney can help with.

Legal Defenses for California Health and Safety Code 11377

A good California defense lawyer can present many legal and valid defenses for Possession of Methamphetamine charges under California Health and Safety Code 11377 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession of Methamphetamine.

Learn more about other California Section Penal Codes here.