Criminal Defense Q&A: I Was Arrested for Conspiracy to Sell Methamphetamine — How Much Jail Time Am I Looking At?
Question:
I was recently charged with conspiracy to sell meth, which was less than a ounce. What kind of time can I get if I have never had a drug charge in life?
Answer:
It depends on the specific crime that you allegedly conspired to commit.
If you were charged with conspiring to possess methamphetamine with intent to sell (in violation of Health and Safety Code 11378), then you can be sentenced to 16 months to up to 3 years in jail. Penal Code 182(a), 1170(h)(1).
If you were charged with conspiring to sell or transport methamphetamine for sale (in violation of Health and Safety Code 11379), then you can be placed in jail for 2 to 4 years if you are convicted. Penal Code 182(a), 1170(h)(1).
These penalty ranges remain true even if you’ve never been convicted of a drug crime before.
Any other criminal history that you may have can also affect the sentence that you receive. For instance, if you are a registered sex offender, or have a prior conviction that is a strike or that was enhanced by the aggravated white collar crime enhancement, then your sentence must be served in prison instead of in jail. Penal Code 1170(h)(3).
It would be prudent to consult with a criminal defense attorney in your area about how best to defend yourself against these charges.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
