Transporting or Selling Methamphetamine - HS 11379
California Health and Safety code 11379 addresses the transportation or selling of methamphetamine. Commonly, this crime is charged when a person is found driving with methamphetamine, believed to be possessed for sale, in the vehicle. It may also apply to incidences of the exchange of methamphetamine for services performed, or to be performed, or something of value. This code section also applies if a person gives away methamphetamine.
In order to prove the crime of Transporting or Selling Methamphetamine, the burden lies with the prosecution to prove a person engaged in selling, transporting, or giving away methamphetamine. Therefore, that person would necessarily need to have known the drug was a controlled substance and completed one of the above-described acts.
*New for 2014*
The California State Legislature has affected changes to HS 11379 for the crime of Transporting Methamphetamine for Sale . In order for the Transportation for Sale element to be fulfilled, the prosecution must prove that the drug was for sale. It follows that individuals transporting drugs intended for personal use are less likely to face penalties for Transporting for Sale. Of course, that does not mean a person will not be eligible for enhanced penalties simply because they claim the possession of a drug in a very large amount was for personal use. Before this new law was enacted, people transporting drugs for personal use in Orange County and other California counties were eligible for the enhanced penalty regardless of the quantity they possessed. Additionally, the revision of the statute applies to several drugs other than methamphetamine including heroin, cocaine, or any other illegal controlled substance as defined by HS 11053-11058.WHAT ARE THE PENALTIES FOR TRANSPORTATION OR SALE OF METHAMPHETAMINE FOR SALE? HS 11377
The penalty for this crime is two, three or four years in prison. Transporting methamphetamines across two counties is punishable by three, six or nine years. Also, individuals facing the charge of Transporting Methamphetamine for Sale may face additional penalties that include but are not limited to the forfeiture of property, negative consequencesDEFENSES TO TRANSPORTATION OR SELLING METHAMPHETAMINES
Some of the defenses to this charge include a lack of the requisite intent. Again, intent is proven often through the use of circumstantial evidence. These days, text messages or statements can be used to support the intent element of the crime. Because each case is different, it is important to discuss the particular facts of your case with an experience criminal defense attorney.
Another defense to this charge might be entrapment or that the person was coerced into the act described above by an undercover office. An attorney might also run a suppression motion in this type of case if the methamphetamine was located during an unlawful search and seizure. To discuss possible defenses to your alleged crime, call the Johnson Criminal Law Group as soon as possible.