Q: What do I do if I was arrested for manufacturing methamphetamine in my home where my 9 year old son lives?
Manufacturing methamphetamine Charges
A charge of manufacturing methamphetamine carries a very hefty punishment. The term of imprisonment if 3, 5 or 7 years, and a fine of up to $50,000. The courts tend to treat this charge more harshly than other drug charges. Even offering to manufacture methamphetamine carries a term of 3, 4 or 5 years.
Enhancement for a minor being in the home where methamphetamine was manufactured
If you were arrested for manufacturing methamphetamine in your home, you could be facing a sentencing enhancement if there was a minor under 16 present. The sentence enhancement for this charge is an additional 2 years imprisonment. The District Attorney must first prove their charges of methamphetamine being manufactured in their home. They must then prove that the minor lived in the home and/or was present in the home while the methamphetamine was being manufactured.
Enhancement for a minor being injured due to methamphetamine being manufactured in the home
If you were charged with manufacturing methamphetamine in the home, and there is an allegation that a minor under the age of 16 was injured and suffered great bodily injury from the manufacturing of the meth, then you are facing a 5 year additional sentence. For example, if you were engaged in the making of the substance, and there was an explosion which caused a minor to suffer burns, then the District Attorney can add the sentence enhancement. As stated above, they need to prove the manufacturing elements first. Once that has been proven, they need to prove that a minor suffered great bodily injury from the manufacturing of the substance in the home.
Fighting a charge of manufacturing methamphetamine where a minor was present in the home
If you have been charged with manufacturing methamphetamine in the home where a minor under 16 was present, you need to hire an attorney to fight these charges. They are fightable and winnable, and are very serious.
Please contact the Law Office of Stephanie M. Arrache, a criminal defense firm, to discuss fighting the charges of manufacturing methamphetamine in the home where a minor under 16 was present.