Manufacturing a Controlled Substance
Are you facing charges for manufacturing a controlled substance in Los Angeles?
Illegally manufacturing drugs, narcotics, or any controlled substance, is a felony under California Health and Safety Code 11379.6. Under this statue “every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment”.
Charges for manufacturing a controlled substance are very serious, and should not be fought alone. If you are facing charges for manufacturing a controlled substance in Los Angeles or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of manufacturing a controlled substance?
To be found guilty of manufacturing a controlled substance under California Health and Safety Code 11379.6, the prosecution must prove that the you;
- Manufactured, compounded, converted, produced, derived, processed or prepared a controlled substance using chemical extraction or independent chemical synthesis, and
- Knew that the substance was a controlled substance
If you knowingly participate in only some of the steps involved in manufacturing a controlled substance you may still be convicted under California Health and Safety Code 11379.6. The prosecution would need to prove that the you;
- Engaged in the processing, preparation, or synthesis of a chemical that is not a controlled substance, and
- Knew the chemical was going to be used in the production of a controlled substance
Additionally, if you knowingly provide a place to manufacture a controlled substance you may be convicted of aiding and abetting Health and Safety Code 11379.6.
How can I defend myself against charges for manufacturing a controlled substance?
Being charged with drug manufacturing drugs can be overwhelming. A skilled Los Angeles criminal defense attorney can help you defend yourself, and protect your future and freedom. Some of the most common defenses to Illegally manufacturing drugs are that;
- Your acts were only preparatory
- The police acted pursuant to an illegal search and seizure
- You were falsely accused
- You did not know that the substance was illegal
- You were in the wrong place at the wrong time
It is important to note that merely having the materials to manufacture drugs is not enough for the prosecution to convict you of this crime, even if your intention was in fact to manufacture drugs. You must commit an overt act in furtherance of manufacturing the drugs in order to be convicted, opposed to just preparing to manufacture the drugs.
Just because you have been accused of, or charged with manufacturing drugs does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth at 424 272 1134 to discuss how to best defend your case.
What are the Penalties for Manufacturing a Controlled Substance?
California Health and Safety Code 11379.6 is a felony that is punishable by;
- 3, 5, or 7 years imprisonment;
- A maximum fine of $50,000;
- Felony probation;
- Possible deportation for non U.S. citizens
Note that offering to illegally manufacture drugs is a separate, but related crime that carries its own penalties. These penalties are not subject to any of the aggravating factors and sentence enhancements that apply to manufacturing drugs. The penalties for offering to manufacture drugs are:
- 16 months, 2 years, or 3 years imprisonment;
- Felony probation
Aggravating factors that will be considered in determining the penalties you face under Health and Safety Code section 11379.6 include;
- If the violation involved methamphetamine, and a person under 16 years of age resided in a structure in which the violation occurred,
- If the case involved methamphetamine and was within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed, and an enhancement under Section 11379.7 was not proven,
- If the case involved the use of a volatile solvent to chemically extract concentrated cannabis and took place within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed
Sentencing enhancements, unlike aggravating factors, can increase the total amount of prison that you face, beyond the statutory maximum. Sentence enhancements for drug manufacturing are addressed in Health and Safety Code sections 11379.7 and 11379.9. Potential enhancements include:
- If a minor under 16 years old is present when the manufacturing takes place you will face an additional 2 years in prison. This only apples to the manufacturing of either methamphetamine or phencyclidine (“PCP”),
- If a minor under 16 years old suffers “great bodily injury” as a result of the illegal manufacturing of drugs you will face an additional 5 years in prison. This only apples to the manufacturing of either methamphetamine or phencyclidine (“PCP”),
- If anyone is killed or injured as a consequence if illegal drug manufacturing you will face an additional one year in prison for each person injured or killed. This enhancement does not apply if you are already receiving a five-year sentence enhancement under section 11379.7.
If you are charged with manufacturing methamphetamine, phencyclidine ("PCP") and gamma hydroxybutyrate (“GHB”), there are enhancements related to the quantity that you are accused of manufacturing.
- If the drugs, in solid form, are greater than one pound, or three gallons in liquid form; you will face an additional three years in prison;
- If the drugs, in solid form, are greater than three pounds, or ten gallons in liquid form; you will face an additional five years in prison;
- If the drugs, in solid form, are greater than ten pounds, or 25 gallons in liquid form; you will face an additional ten years in prison; and
- If the drugs, in solid form, are greater than 44 pounds, or 105 gallons in liquid form; you will face an additional fifteen years in prison.
Finally, if you have prior, drug manufacturing, selling or transporting convictions you will face an additional three years in prison, per prior conviction.
Having a drug manufacturing conviction on your criminal record has far reaching consequence. A conviction can make it more difficult to do simple things like get housing or find a job. Since the charge will show up on any background check, potential employers and landlords may be hesitant to hire you or rent to you. Additionally, you may lose financial aid if you are a student, or have your professional license revoked if your employment requires licensure.
Contact Los Angeles criminal defense lawyer miles booth
Facing drug manufacturing charges can be overwhelming. A drug manufacturing charge, let alone conviction, can have far-reaching consequences. Penalties upon conviction are harsh and may result in substantial prison time. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is unwise to fight these cases alone. It is important to have a skilled criminal defense attorney by your side.
As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has handled thousands of cases all throughout Los Angeles County. He has substantial knowledge and experience, and will aggressively fight to get you the absolute best outcome possible.
To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
- Possession of Drugs for Personal Use
- Possession of Drugs for Sale
- Drug Trafficking
- Manufacturing a Controlled Substance
- Possession of Drug Paraphernalia
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Criminal Defense Lawyer
Contact Miles Booth
Criminal Defense Lawyer
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Los Angeles, CA 90034
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