Possession of Methamphetamine Penalties, Sentencing and Punishment California Health and Safety Code 11377(a) HS
According to the California Health and Safety Code section 11377, the sentencing and penalties for possession of methamphetamine depends on whether the offense is charged as a misdemeanor or felony. Possession of methamphetamine is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts and circumstances of your individual case. In making this determination, the prosecution will consider various factors including your prior criminal history and the amount of methamphetamine found to be in your possession.
Meth Possession Penalties for Misdemeanor Offense
A misdemeanor possession of methamphetamine conviction is punishable by up to a year in county jail and can include a fine of up to $1,000.
Meth Possession Penalties for Felony Offense
A felony possession of methamphetamine conviction is punishable by 16 months, 2 or 3 years in county jail and can include a fine of up to $10,000.
Court options at the time of sentencing
If you are convicted of possession of methamphetamine, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- The court can sentence you to one of two terms provided by law
- Misdemeanor possession of methamphetamine: up to one year in county jail
- Felony possession of methamphetamine: 16 months, 2 or 3 years in county jail
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend drug counseling or substance abuse classes
- Place you on formal probation and assign you a probation officer
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend drug counseling or drug diversion programs
- Random drug testing
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an attorney experienced in possession of methamphetamine charges at Wallin & Klarich
The sentencing and penalty for possession of methamphetamine can be severe and potentially life changing. If you or someone you know has been accused of possession of methamphetamine, you need to contact an experienced Orange County criminal lawyer who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has over 30 years of experience in defending our clients against charges of possession of methamphetamine. We will carefully review the evidence against you and help you win your case.
Call us today at (877) 4-NO-JAIL (877-466-5245) or fill out our intake form. We will be there when you call.