In California, manufacturing a controlled substance is a serious crime that involves the production of illegal drugs, such as methamphetamine, heroin, cocaine, and ecstasy. Under the Health & Safety Code 11379.6 HS, manufacturing, producing, or compounding any controlled substance, including its precursor chemicals or essential ingredients, is illegal.
Violating Health & Safety Code 11379.6 can result in severe criminal penalties, including fines, imprisonment, and other consequences that can impact an individual's personal and professional life. Because of this, you want to clearly understand the statutes surrounding controlled substance manufacturing and the potential consequences for those who violate them.
You could have your charges dropped or lowered when you work with a defense attorney. At the Koenig Law Office, we have the resources and connections necessary to fight the prosecution’s evidence. Call us after you learn of your charge in Bakersfield for us to begin building a solid defense.
What Manufacturing A Controlled Substance Means
Manufacturing a controlled substance is punished under Health & Safety Code 11379.6 HS. You commit this offense when you produce, compound, or prepare a narcotic substance with knowledge of its narcotic nature. Examples of controlled substances include methamphetamine, marijuana, cocaine, heroin, and ecstasy.
You face charges even if the drug in question is on Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V of the United States Controlled Substances Act. However, before the court finds you guilty of manufacturing a controlled substance, the prosecution must prove beyond a reasonable doubt that:
1. You Participated In The Process Of Producing A Narcotic Substance
Your participation can be at the beginning or intermediate stages of the production. To be convicted of this crime, the prosecution does not have to prove your completion of the drug manufacturing process.
2. You Knew The Substance's Narcotic Nature
The prosecution does not need to show you knew the controlled substance involved. The court only requires the prosecutor to prove that you were aware you were processing a controlled substance.
Possible Sentencing for a 11379.6 HS Offense
You could face harsh punishment if convicted of manufacturing a controlled substance. This felony drug crime carries serious consequences, including imprisonment and hefty fines. Possible penalties for a 11379.6 HS offense include imprisonment for three, five, or seven years, depending on the case's specific circumstances. The judge may also impose a fine not exceeding $50,000.
Additionally, sentence enhancement and aggravating factors can increase the punishment for a 11379.6 HS offense. For example, your sentence could be enhanced if you manufacture a controlled substance in a school zone or near a playground. This can result in a longer prison term or higher fines.
Other aggravating factors include:
- Prior drug-related convictions.
- The quantity and type of controlled substance involved.
- Involvement of minors in the manufacturing process.
These factors can significantly impact your sentence and make it more challenging to negotiate a plea bargain or seek a charge reduction. Also, a conviction can have other long-term consequences in your life. For example, your ability to find employment, housing, and other opportunities in the future could be compromised. Your conviction can also damage your reputation and relationships with family and friends.
Can an HS 1379.6 Crime Result In Deportation?
If you are a non-citizen and have been charged with manufacturing a controlled substance, you may wonder whether a conviction could result in deportation. A conviction for this type of offense comes with severe immigration consequences.
Manufacturing a controlled substance is considered a "crime involving moral turpitude." This means an HS 1379.6 offense involves a significant level of dishonesty, fraud, or other acts that are considered to be contrary to community standards of morality. As a non-citizen, a moral turpitude crime can result in deportation or being marked as inadmissible to the United States.
In California, manufacturing a controlled substance is considered an aggravated felony, which carries even more severe immigration consequences. Deportation for an aggravated felony is mandatory. Even if you have lived in the U.S. for many years, have family here, and have not committed any other crimes, you will be required to leave the country.
Furthermore, particular relief types are unavailable after you face an aggravated felony conviction. These are:
- Asylum relief.
- Cancellation of removal and adjustment of status under 8 U.S.C 1229b(a)(3).
- Permission to re-apply or I-212 hardship waivers for admission to the United States after being deported.
This means that even if you have a strong case for relief, you may not be eligible to receive it if convicted of an aggravated felony.
How Conviction Affects Your Gun Rights
You may lose your gun rights if convicted of violating Health & Safety Code 11379.6. This is because a conviction under this statute is considered a felony drug crime in California. According to the California Department of Justice, a convicted felon is prohibited from purchasing or possessing firearms.
If convicted of manufacturing a controlled substance, you may be subject to a lifetime ban on gun ownership. However, the loss of gun rights is not automatic and depends on the specifics of your case. The court may also order that you surrender any firearms you currently own as part of your sentence.
Fighting an HS 11379.6 violation
You could use the following legal defenses to fight your charges:
You are a Victim of Mistaken Identity
Sometimes, suspects face charges for crimes they did not commit because law enforcement mistook them for the perpetrator. With the help of your attorney, you could argue that you were wrongly picked out of a lineup or the police mistook you for the real culprit. If there is any doubt as to whether you were the person who committed the crime, your defense attorney can use this to raise a reasonable doubt about your guilt.
There are many ways that your defense attorney can try to demonstrate mistaken identity. For example, they may try to show inconsistencies in the identification procedure used by law enforcement. They may also try to show that other individuals could have committed the crime or that there was not enough evidence to link you to the crime definitively.
To be convicted of manufacturing a controlled substance, you must have had some involvement in making the drug. Simply being present at the location where the manufacturing occurred is not enough to establish guilt.
For example, imagine you were at a friend's house and were unaware that they were manufacturing drugs in the basement. If law enforcement raided the house and found drugs, you may be charged with manufacturing a controlled substance based on your presence alone. However, this could be a valid defense if you did not participate in the manufacturing process.
Of course, this defense requires evidence to support it. If you did not participate in the manufacturing of the drugs, then you need to be able to demonstrate that fact to the court. Your defense attorney can help you gather evidence to support your claim of non-participation.
Other charges may apply if you were present at the manufacturing site, such as possessing or conspiracy to commit drug crimes. However, these charges typically carry less severe penalties than manufacturing a controlled substance.
The court cannot convict you before the DA can show enough evidence that you knowingly manufactured a controlled substance. If the prosecution cannot prove that you committed the crime. Under California law, the prosecution must prove that if you manufactured, compounded, produced, or prepared a controlled substance, you may be able to avoid a conviction.
To demonstrate that there is insufficient evidence, your defense attorney may argue that the prosecution's case relies on circumstantial evidence that does not definitively link you to the crime. Alternatively, they may argue that the prosecution's witnesses are unreliable or that the physical evidence collected by law enforcement is insufficient to prove your guilt beyond a reasonable doubt.
Illegal Search And Seizure
The Fourth Amendment protects you from illegitimate searches and seizures by law enforcement. If law enforcement violated your constitutional rights by conducting an illegal search and seizure, any evidence resulting from that search might be suppressed and deemed inadmissible in court.
For example, if the police searched your home without a warrant or probable cause, any evidence they found during that search may be suppressed. Similarly, if the police stopped you and conducted a search of your person or vehicle without a valid reason, any evidence found during that search may be deemed inadmissible.
Only Preparatory Acts
You must begin the production process for the court to convict you. The court does not need you to complete the process to find you guilty. The law considers the beginning act as a "preparatory act."
In your defense, you could argue that you are only prepared to make a substance. For example, if you were caught with the tools necessary to make a drug but had not yet begun the process, you could argue that you had only engaged in preparatory acts.
The line between preparatory acts and actual manufacturing can be blurry. For example, you could be charged with violating 11379.6 HS if you possess specific chemicals that can only be used to manufacture drugs, such as ephedrine or pseudoephedrine. However, the mere possession of such chemicals is not enough to prove that you have engaged in the manufacturing of drugs.
If you're facing charges for manufacturing a controlled substance under Health and Safety Code 11379.6, you might feel the world's weight is on your shoulders. However, it's important to know that there are several legal defenses that your attorney may be able to use to fight the charges against you. One such defense is police entrapment.
Many cases involving Health and Safety Code 11379.6 result from undercover "sting" operations conducted by law enforcement. While these operations are legal, the police must follow certain rules and guidelines. If they entrap you, the charges against you could be dropped.
Entrapment is the use of official powers by police officers that would cause a normally law-abiding citizen to commit a crime. This can include police using threats, pressure, fraud, or harassment to make you violate the law. If you can show that you only committed the illegal activities owing to the police's overbearing conduct, you would not have committed the offense; otherwise, you may have a valid entrapment defense.
To successfully argue entrapment, you must show that you committed an illegal act and that the police induced you to commit that act. Additionally, you must be able to prove that you only committed illegal activities due to the police's overbearing conduct. You may have a strong defense against the manufacturing charge if you demonstrate all these elements.
Entrapment can be a tough defense to use in court. It's not enough to simply say that the police pressured you into manufacturing a controlled substance. You'll need to provide specific details and evidence to support your claims. This is where a skilled defense attorney can make all the difference in your case.
Having your conviction expunged
Expungement is the legal process of having your criminal record cleared or modified. The process involves filing a petition with the court that handled your case, asking for your record to be cleared. If the court grants your request, your criminal record will be modified, and you will be considered to have never been convicted of the crime.
Expungement Eligibility for 11379.6 HS Convictions
In California, the law does not allow expungement for offenses leading to a prison sentence. However, 11379.6 HS violations can be either a felony or a misdemeanor, depending on the case's specific facts. If your conviction was a misdemeanor and did not lead to a prison sentence, you might be eligible for expungement.
The eligibility requirements for expungement include completing your probation period without any violations, not serving another sentence for another offense, and having no pending criminal charges or convictions. If you meet these requirements, you can file a petition for expungement with the court that handled your case.
Related offenses to Manufacturing a Controlled Substance
Possessing a Controlled Substance for Sale, Health & Safety Code 11351
Health and Safety Code 11351 HS makes it illegal to possess a controlled substance for sale. The prosecution must prove that you intended to sell the drug and that you were in possession of a sufficient quantity for sale.
The penalty for violating HS 11351 can vary depending on several factors, such as the type of drug, the amount of the drug, and your criminal history. You could face a sentence of two, three, or four years imprisonment if convicted.
Selling a Controlled Substance, Health & Safety Code 11352
Under Health & Safety Code 11352, selling, furnishing, administering, or transporting a controlled substance is illegal. The prosecution must prove that you sold or transferred the drug and had the specific intent to do so. The penalties for selling a controlled substance vary, but generally, a conviction can result in a sentence of two, three, or four years in prison.
Maintaining a Drug House, Health & Safety Code 11366
Health & Safety Code 11366 punishes the offense of maintaining a place to use or sell controlled substances. The court could convict you if the prosecution proves that you were aware of the drug use or sales on your property and that you took steps to facilitate the activity. Sentencing for operating a drug house could include a sentence of up to three years in jail.
Renting a Space for the Distribution of a Controlled Substance, Health & Safety Code 11366.5
Per Health & Safety Code 11366.5, it is illegal to rent a space with the knowledge that it will be used for drug-related activities. The prosecution must show the court that you knew of the drug-related activities and willingly allowed them to occur on your property. Violating HS 11366.5 can result in a sentence of up to three years in prison.
Possession of Materials to Manufacture Controlled Substances, Health & Safety Code 11383
In California, possessing materials or chemicals to manufacture controlled substances is illegal. The court cannot punish you until the prosecuting agency shows that you intended to use the materials for manufacturing drugs. Possible punishment could be a sentence of up to three years in state prison.
Contact a Bakersfield Criminal Attorney Near Me
Manufacturing a controlled substance is a serious crime with serious legal consequences. These repercussions could include imprisonment, fines, and other penalties. The Health & Safety Code 11379.6 HS criminalizes producing, manufacturing, and possessing controlled drugs.
If you or your loved one faces arrest for manufacturing a controlled substance in Bakersfield, seek legal representation from an experienced criminal defense lawyer as soon as possible. A skilled attorney can help protect your rights, navigate the legal system, and minimize the potential consequences of your charges.
At Koenig Law Office, we have won many drug-related lawsuits against clients. We boast a robust team of experienced drug crime lawyers who will fight for your rights to achieve a favorable outcome. Therefore, if you find yourself in this situation, contact us at 661-793-7222, and we will offer you unmatched legal defense services.