In our ongoing series of posts on California’s penal code, we’ve tried to show that while the mountain of legalese you’ll often have to climb to make any sense of the letter of the law can at some times be complicated and at other times be downright convoluted, this doesn’t always have to be the case. In fact, if you break the law down into easy to digest parts and explain everything in sequence, it becomes easy to not only make sense of the law but also to figure out just how you’re going to go about mounting your legal defense. With that said, in this post we’re going to look at the charge of manufacturing drugs / narcotics / controlled substances. First we’re going to explore some of the definitions involved, then we’re going to look at the punishments that you can expect, and finally we’re going to figure out what kind of legal defenses you can use to defend yourself in court. So let’s get started with the definitions, shall we?
Definitions of Manufacturing Drugs / Narcotics / Controlled Substances
In super simple terms, this law just basically prohibits people from making drugs, narcotics, or controlled substances. Along with this, it prohibits even engaging in an activity that will lead to these things being manufactured. So even if you didn’t participate in the actual manufacturing of the drug and actually just participated in one of the earlier steps involved, you can still in fact be convicted under this law. It’s important to keep this in mind, as any sort of participation in the manufacturing process, however minor, still counts just as strictly as if you yourself were going through every step of the process to make these drugs. So now that we’ve gotten the definitions out of the way, let’s move on to the punishments you’ll be facing.
Punishments for Manufacturing Drugs / Narcotics / Controlled Substances
The bad news here is that the crime of manufacturing drugs / narcotics / controlled substances is actually punished as a felony. This means that, should you end up being convicted, you could be facing three, five, or seven years in county jail, as well as a maximum fine of a whopping $50,000. On top of that, if children live where you made the drugs, you could be facing a consecutive sentence of up to five years. You could face even longer charges if you’re making meth, have prior convictions, or have committed other offenses while making the drugs. So now that we know the punishments, let’s have a look at the legal defenses you can use.
Legal Defenses for Manufacturing Drugs / Narcotics / Controlled Substances
There are a few defenses you can use when it comes to the charge of manufacturing drugs / narcotics / controlled substances. Among them, you can claim that your acts were only preparatory, that the drug lab was found during an illegal search, that you were just in the wrong place at the wrong time, or that you were the victim of a mistaken identity or false accusations.
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And it’s not Ghostbusters. Our firm has the legal experience and know-how to make sure that you get the best outcome for your trial. Just as we’ve concisely broken down the law and explained it in a way that makes a ton of sense, so too will we do a magnificent job when it comes to representing you in court. So if you’re facing some kind of legal trouble, go ahead and get in touch with us today. You’ll be glad you did.
The right to bear arms under the Second Amendment to the United States Constitution is limited by the kinds of weapons people are allowed to possess or own in California. Under the state’s law, people who are accused of possessing, selling or manufacturing certain dangerous weapons may face the potential of prison time and a felony conviction. It is important for you to get help from a criminal defense attorney who is experienced and knowledgeable with how to defend against weapons charges.
California Penal Code § 16590
California Penal Code § 16590 specifically lists a number of different types of weapons that are illegal in the state. In addition to certain types of guns and ammunition, the list also includes certain knives or swords. The prohibited firearms and ammunition include any of the following:
● Short-barreled rifles or shotguns
● Firearms that are not recognizable as being firearms
● Cane, zip or wallet guns
● Firearms that are not detectable
● Pistols that are unconventional
● Flechette-dart ammunition
● Bullets with explosive agents
● large-capacity magazines
● Concealing firearm containers
● Multiburst trigger activators
Knives and swords that are illegal in California include:
● Cane swords
● Ballistic, writing pen, air gauge, belt-buckle and lipstick knives
Also prohibited are certain martial arts weapons, including shurikens and nunchakus, as well as brass or metal knuckles, leaded canes, replica grenades made out of metal and military practice grenades. The law does have exceptions regarding who might be prosecuted for possessing dangerous weapons. People who are exempt from the law include those who are using them for producing films, collectors of antiques, authorized historians and martial arts studios.
What the prosecutor must prove
A prosecutor has to prove beyond a reasonable doubt that you knowingly possessed, imported into California, manufactured, caused to be manufactured or offered one of the listed prohibited weapons for sale.
Legal defenses for the offense
If you are one of the types of people that are exempt from prosecution under the law, that is an obvious defense. Your criminal defense lawyer would simply provide proof of your status to the prosecutor in order to secure a dismissal of your charges in that scenario.
Another factor your lawyer will look at is how your weapon was found in the first place. If it was found while the police were performing an unconstitutional search and seizure without a warrant and without probable cause, your lawyer may file an evidentiary motion in order to seek suppression of the weapon as evidence against you in your criminal case. If such a motion is successful, that means the prosecutor would not be allowed to introduce the weapon or testimony about the weapon at your trial and would likely have to dismiss your case.
When you are charged with manufacturing, selling or possessing a dangerous weapon, the prosecutor could charge you with either a misdemeanor or a felony. As a wobbler offense, the decision of whether it will be charged as a felony or misdemeanor will be left up to the prosecutor and his or her discretion. Prosecutors normally look at your criminal record as well as the circumstances of your offense when making their charging decisions. If you are convicted of a felony, you could face up to three years in prison. A misdemeanor conviction might mean you could face up to one year in county jail.
How an experienced criminal defense lawyer in Los Angeles might help
Courts treat weapons offenses very seriously, and the potential penalties if you are convicted are severe. If you are currently facing charges of manufacturing, selling or possessing a dangerous weapon, it is very important that you get help from an experienced criminal defense attorney in Los Angeles as soon as possible. An attorney will review your case in order to determine the best defensive approach to take. He or she will then work to get a favorable plea for you or to try to get the charges dismissed. In some cases, a lawyer may advise you to fight your case through trial, depending on what happened. To learn more about how our skilled attorneys can help you, schedule your consultation today.
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