Description

Criminal charges of Methamphetamine (Sale or Transportation) may be filed against any person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import in the state, sell, furnish, administer or give away, or attempts to import into this state or transport any controlled substance.

What does the prosecutor have to prove?

1. Defendant transported, sold, furnished, administered, or gave away a controlled substance or
1. Defendant offered to transport, sell, furnish, administer, or give away a controlled substance;
2. Defendant knew of the controlled substance’s presence;
3 Defendant knew it to be a controlled substance. [Rideout v Superior Court (1967) 67 Cal.2d 471] [People v Rogers (1971) 5 Cal.3d 129] [Cal Crim No. 2301]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?Yes
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No