The penalties for the manufacture of methamphetamine can be enhanced for a variety of reasons including when it is shown that a minor child was physically present during the activity. Even a showing that the activity was conducted in the residence of a minor can lead to more serious penalties for methamphetamine crimes.
The potential punishment is also greater when the activity was conducted in a building where minors can reasonably be expected to be present or in a room offered to the public for overnight accommodation or any multiple-unit residential building.
Harsher penalties might also apply if are accused of delivering, manufacturing, conspiring to deliver, or conspiring to manufacture methamphetamine with a firearm in your immediate possession or control.
Attorney for Methamphetamine Crimes in Des Moines, Iowa
If you were charged with possession, intent to deliver, or manufacturing of methamphetamine, its salts, isomers, or salts of its isomers, then contact an experienced criminal defense attorney in Des Moines, Iowa, at McCarthy & Hamrock, P.C..
Our attorneys for narcotic investigations represent clients throughout the City of Des Moines or the surrounding areas of West Des Moines, Windsor Heights, Waukee, Urbandale, Pleasant Hill, Norwalk, Johnston, Grimes, Clive, Carlisle, Bondurant, Ankeny, or Altoona.
Our attorneys at McCarthy & Hamrock, P.C. represent clients throughout the five counties in the greater Des Moines area including Polk County, Dallas County, Warren County, Madison County, Jasper County and Marion County. If you were charged with any type of methamphetamine crime, then contact an experienced drug crime attorney in Des Moines, Iowa, at McCarthy & Hamrock, P.C..
Call (515) 279-9700 today.
Elements of Manufacturing Methamphetamine
The prosecutor for the State of Iowa must prove the following elements beyond all reasonable doubt in order to prove the crime of Manufacturing Methamphetamine:
- the defendant manufactured a material, compound, mixture, preparation, or substance;
- that contained any detectable amount of methamphetamine;
- The defendant knew that the substance he or she manufactured contained a detectable amount of methamphetamine.
If you were charged with Possession or Manufacturing Methamphetamine, then contact the attorneys at McCarthy & Hamrock, P.C.. The criminal offense is more serious of the allegation of manufacturing also alleges that the defendant intended to deliver the drug to a minor child.
Possession With Intent to Distribute Methamphetamine
In order to prove the crime of possession with intent to distribute methamphetamine, the prosecutor with the State of Iowa must prove the following elements beyond all reasonable doubt:
- the defendant delivered or possessed;
- with the intent to deliver;
- a material, compound, mixture, preparation, or substance;
- that contained any detectable amount of methamphetamine.
Enhanced Penalties for Methamphetamine Crimes in Iowa
The penalties for methamphetamine crimes depend on a variety of factors including the amount of the substance possessed. For instance, subsection (b)(7) classifies the offense as a “B” felony if the crime involves “[m]ore than five grams but not more than five kilograms of methamphetamine.” Iowa Code § 124.401(1)(b)(7).
Other enhanced penalties can depend on a host of aggravating factors. Iowa law calls for enhanced penalties that were added by H.F. 573, Acts of the 78th General Assembly, 1999, to Iowa Code section 124.401D(1) and 124.401D(2). Those enhanced penalties can apply if any of the following factors are proven:
- a firearm or other offensive weapon was in such close proximity to the defendant as to enable the defendant to claim immediate dominion over the firearm;
- the defendant’s acts occurred:
- in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school or
- in or on a public park, public swimming pool, public recreation center; or
- on a marked school bus;
- the defendant manufactured methamphetamine, its salts, isomers, or salts of its isomers when:
- a minor was physically present during the activity;
- the activity was conducted in the residence of a minor;
- the activity was conducted in a building where minors can reasonably be expected to be present;
- the activity was conducted in a room offered to the public for overnight accommodation; or
- the activity was conducted in any multiple-unit residential building.
This article was last updated on Thursday, July 6, 2017.