Sales of Heroin or Cocaine, Possession for Sales of Heroin or Cocaine, or Conspiracy to commit the offenses, HS 11351, HS 11351.5, or HS 11352, may carry additional penalties if the amount of the heroin or cocaine exceeds a certain weight. Where the heroin or cocaine exceeds the following weights, the additional penalties may be alleged:
- Exceeds four kilograms by weight, the person shall receive an additional term of five years.
- Exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
- Exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
- Exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
- Exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
Sales of Methamphetamine, Possession for Sales of Methamphetamine, or Conspiracy to commit the offenses, HS11378, HS11378.5, HS11379, or HS11379.5, carry the following potential consequences:
- If the methamphetamine exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
- If the methamphetamine exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
- If the methamphetamine exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
- If the methamphetamine exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
Oftentimes other charges will accompany drug charges, for example, Felon in Possession of a Firearm, PC 29800, or persons prohibited from owning or possessing a firearm, PC 29805.
Because of the serious consequences, it is important to have an experienced criminal defense attorney attack every aspect of the criminal case. For example, if the vehicle was stopped by law enforcement, was the stop lawful? If the stop was unlawful, meaning a violation of the Fourth Amendment’s protection against unlawful search and seizure, the drugs/weapons, etc., may be inadmissible in court. The Fifth Amendment, and Miranda violations, protects against coerced confessions and incriminating statements. If statements were made in violation of the Fifth Amendment, they may be inadmissible in court.
There may be many defenses applicable to your specific case – knowledge of the drugs, possession, weight alleged, etc. – that can be used to establish an effective defense.
Please contact Kern Law, APC today if you have been charged or under investigation. We will provide a free, confidential consultation.