Los Angeles Drug Manufacturing Defense Lawyer
If you are facing criminal drug manufacturing or other drug charges in Los Angeles, California, The Rodriguez Law Group can help you fight for your future. Our Los Angeles drug manufacturing defense lawyers offer a free consultation. Contact our law firm today for a review of your potential case and discuss how we can help you.
How The Rodriguez Law Group Can Help You Fight Criminal Drug Manufacturing Charges in Los Angeles
Drug offenses are always taken seriously by the federal government and the state of California. If you’ve been accused of drug manufacturing or another drug crime, it is important to defend yourself vigorously.
Prosecutors will not hesitate to use every resource at their disposal to get a conviction. Hiring an experienced criminal defense attorney from The Rodriguez Law Group can level the playing field and even give you the edge you need to walk away with your future intact.
When you hire our Los Angeles law firm, you’ll benefit from the insight and experience of a former prosecutor. As we build your defense, we will:
- Investigate the allegations and charges you’re facing
- Work closely with reputable experts and specialists
- Determine where the government’s case is weakest and formulate a strategy to exploit those areas in your favor
- Identify if, when, and how your rights may have been violated
We’ll work diligently to get evidence thrown out or, better yet, the charges against you dropped altogether. If your case proceeds to trial, rest assured that your case will be in good hands. Our drug crime attorneys are skilled litigators and know how to sway a jury.
Call us to learn more about how we can help you fight drug manufacturing charges in Los Angeles County today.
Overview of Drug Manufacturing Crimes in California
Never take a drug manufacturing arrest or charge lightly in California, as a conviction of manufacturing drugs in California is a felony. Law enforcement agencies and prosecutors will aggressively pursue and prosecute drug manufacturing charges and other related crimes.
In California, the primary drug manufacturing violation is Health and Safety (HS) Code Section 11379.6: Manufacturing a Controlled Substance. A separate but closely related charge is HS 11366.5: Maintaining a Place for Controlled Substance Sale or Use (Operating a Drug House). Unlike HS 11379.6, which is a felony, HS 11366.5 is a “wobbler” crime, meaning it can be either a misdemeanor or a felony charge.
HS 11379.6 – Manufacturing a Controlled Substance
Even long after the hit series Breaking Bad came to a close, law enforcement agencies across the country have dealt with real-world similarities of drug manufacturing operations. In California, HS 11379.6 is the law that makes it a felony offense if you manufacture, produce, process, or prepare by chemical extraction using synthesis, any controlled substance.
A common example of an HS 11379.6 violation is operating a meth lab, but the charge would also apply to anyone making narcotics such as ecstasy, heroin, cocaine, and opiates. Someone that owns a commercial laboratory could also be charged if they allowed their laboratory to be used to manufacture controlled substances.
Drug manufacturing is participating in creating an illegal drug. This includes:
Jury instructions for HS 11379.6 say that in order for someone to be convicted:
- The defendant manufactured/ compounded/ converted/ produced/ derived/ processed/ prepared a controlled substance, speciﬁcally using chemical extraction or independent chemical synthesis;
- the defendant knew of the substance’s nature or character as a controlled substance.
Specific knowledge of which controlled substance was being manufactured is not necessary. Additionally, the manufacturing process does not need to be completed.
Legal Penalties for HS 11379.6
The penalties for a conviction under HS 11379.6 are:
- Imprisonment for three, five, or seven years;
- a fine not exceeding fifty thousand dollars ($50,000).
A sentence can be enhanced if you produce large quantities of drugs, produce drugs in the presence of persons younger than 16 years of age, cause death or injury, or have prior convictions for drug-related crimes.
The court-ordered sentence (jail time) is just the beginning. Along with hefty fines, a felony conviction for a drug crime in California can negatively impact your life in many ways:
- You may face discrimination when it comes to securing housing or applying for a job.
- You will lose the right to possess a firearm.
- Your DNA could be taken and submitted to the state’s DNA database.
- If you ever decide to run for office or apply for a professional license, you will again have to disclose your conviction.
A criminal defense attorney does more than defend your rights. They defend your freedom, your reputation, and, most importantly, your future. At The Rodriguez Law Group, we have nearly two decades of experience handling criminal matters, including drug manufacturing cases. Call us as soon as possible to discuss your case.
Legal Defenses to HS 11379.6
Defenses to HS 11379.6 might include:
- Illegal search and seizure (lacking probable cause)
- Your actions were only preparatory and did not constitute manufacturing
- Mistaken identity (prosecution has the wrong person)
- You were lured in a sting operation (entrapment).
We invite you to contact us to discuss your potential defenses in a free consultation with a Los Angeles criminal defense lawyer.
HS 11366.5 – Maintaining a Place for Controlled Substance Sale or Use (Operating a Drug House)
HS 11366.5 is a separate but closely related crime to drug manufacturing. HS 11366.5 makes it a crime to keep a place for the purpose of selling (or giving away) controlled substances. In other words, it is against the law to provide a place for other people to use drugs. A “place” can be a home or an apartment. You do not need to be leasing or renting the property. If you sell drugs in a hotel or motel, you can be charged with HS 11366.5. The two elements of the crime are:
- You opened or maintained a place;
- You had the intent to sell, give away, or allow other people to use a controlled substance or narcotic drug on a continuous or repeated basis at that place.
You cannot be charged with HS 11366.5 if you use a place only for your own drug use (although you could still be charged with possession for that). You must allow other people to use the property to use controlled substances. If the activity only occurred one time, you typically won’t face HS 11366.5 charges.
Legal Penalties for HS 11366.5
HS 11366.5 can be prosecuted as either a felony or a misdemeanor. If prosecuted as a felony, the legal penalties could be up to three years in a California state prison and a fine up to $10,000. If prosecuted as a misdemeanor, the legal penalties for a misdemeanor conviction include up to one year in county jail and a fine of up to $1,000. A prosecutor can choose how to charge a crime, but the judge will have the final say at sentencing.
If you are also the property owner, you could also face property forfeiture under California asset forfeiture laws.
Legal Defenses to HS 11366.5
Your defenses to HS 11366.5 could include the following assertions:
- Personal use
- Lack of knowledge
- No continuous / repeated activity
- Illegal search/seizure.
One of the benefits of having a former prosecutor as your defense attorney is your lawyer will have extensive knowledge of how the prosecutor could build a case against you. By anticipating the possible directions your case could go, your lawyer will be able to evaluate the best strategy to keep you out of jail or get charges reduced to a less serious crime.
Related Charges to HS 11379.6 and 11366.5
If you have been charged with violating HS 11379.6 or HS 11366.5, you may also be facing other related drug charges, including:
- Possession of a controlled substance (HS 11350)
- Possession of a controlled substance for sale (HS 11351)
- Transportation or sale of a controlled substance (HS 11352)
- Possession of drug paraphernalia (HS 11364)
- Possession of methamphetamine (HS 11377)
- Possession of meth for sale (HS 11378)
- Sale or transportation of methamphetamine (HS 11379)
- Being under the influence of a controlled substance (HS 11550)
- Conspiracy (Penal Code section 182)
If you have prior convictions for possessing, transporting, trafficking, manufacturing, or selling drugs, your sentence may be extended.
Determining Sentencing For Drug Manufacturing Crimes: Mitigating and Aggravating Factors
The criminal justice system can be complicated, and sentencing laws can be even more confusing, with sentences for drug crimes being reduced or increased depending on certain criteria:
- Aggravating factors: Criminal statutes often disclose specific factors that should result in harsher punishments. Prosecutors will raise these in the trial. For example, if your offense involved a minor who is at least four years younger than you, you may be punished by imprisonment in the state prison for one, two, or three additional years, at the discretion of the court.
- Mitigating factors: If you were a passive participant or only played a minor role in a crime, charges may be reduced, or you may receive a lesser sentence. A mitigating factor is not a legal defense, and cannot lead to an acquittal. Mental or physical illness could be a mitigating factor.
These circumstances and factors can be confusing. In your consultation, an attorney can review these factors, which could seriously affect your case.
Additional Immigration Consequences for Immigrants
Like other drug crimes, you may be deported if you are convicted of drug manufacturing. Specifically, under 8 U.S.C. § 1227(a)(2)(B)(i) and the Immigration and Nationality Act (INA) §237(a)(2)(B), any alien admitted to the U.S. and thereafter convicted of any controlled substance offense is deportable. It is necessary to seek counsel immediately if you are charged with a crime that is grounds for deportation.
Legal strategies could include:
- Pleading to a non-drug related crime
- Motion to vacate plea
- Readjusting your status
- Going to trial and winning.
If you already pleaded guilty and did not understand the immigration consequences (probable deportation), a lawyer can file a Motion to Withdraw Plea.
Get a Free Consultation With a Los Angeles Drug Crimes Attorney
As a former prosecutor, Ambrosio Rodriguez understands how law enforcement will investigate your case and how prosecutors will build their case against you. Having spent many hours in the courtroom prosecuting cases, he knows how the district attorney will approach your case, and the areas where they won’t waste their time. This experience and knowledge will give you the best chance to stay out of jail, have charges reduced, or, ideally, have charges dismissed entirely.
If you are facing charges for drug manufacturing in Los Angeles, the criminal defense lawyers at The Rodriguez Law Group can help you defend your rights and your future. We offer phone and video consultations seven days a week – call our Los Angeles drug manufacturing defense lawyers to discuss your case at no charge.
Last Updated on April 20, 2022