Possession of Methamphetamine for Sale under California Penal Code Section 11378, is a felony offense, which carries serious time in prison as well as very steep fines. The legal code describes holding methamphetamine with the intent to sell it. This is completely different from actually selling or transporting the drug.
Elements of the Crime
In order to take a Possession of Methamphetamine for Sale case to trial, certain elements of the crime will have to be proven. This includes:
· That the defendant had methamphetamine on them or somewhere else that they could control
· The defendant intended to sell the methamphetamine
Punishments for HSC 11378
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 for Sale, it is usually filed as either a felony, which includes:
Felony charges for Possession of Methamphetamine for Sale include up between sixteen months and three years in prison.
Legal Defenses for California Health and Safety Code 11378
A good lawyer can present many legal and valid defenses for Possession of Methamphetamine for Sale charges under California Penal Code 11378 to prove someone’s innocence.
These defenses include holding possession of the drugs for personal use only, instead of intending to sell the drugs. This would be prosecuted as simple possession wherein defendants may qualify for a drug diversion program. In addition, the attorney can help to prove this through quantities, paraphernalia, eyewitnesses, and other sources.
MacGregor and Collins is based in California, and has successfully defended those who were falsely accused of Possession of Methamphetamine for Sale. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession of Methamphetamine for Sale.
Learn more about other California Section Penal Codes here.