What is manufacturing meth with a child present?
Arizona prohibits the manufacturing of Methamphetamine that causes injury to a person under fifteen years of age. In order to convict someone of this crime, the State must prove beyond a reasonable doubt that:
- The accused knowingly manufactured methamphetamine and,
- The manufacture caused physical injury, and
- The person was under fifteen years old.
The manufacturing includes to produce, prepare, propagate, compound, mix pr process, by extraction from natural substances, or by chemical synthesis or its combination.
Manufacture also includes any packaging or repackaging or labeling or relabeling of containers.
Physical injury is defined as the impairment of physical condition.Suspected physical injury's caused by the exposure to methamphetamine vapors and chemicals at a low level are headache, nausea, dizziness, and fatigue.
Toxic high Levels of exposure may cause shortness of breath, coughing, chest pain, dizziness, lack of coordination, eye and tissue irritation, chemical burns to the skin, eyes, mouth, nose, and death.
Chronic exposure to methamphetamine manufacturing may cause cancer, (lymphoma and leukemia), brain damage, liver, kidney, spleen and immunity issues, or birth defects.
Conducting a meth lab while a child under 15 years old is present, the state presumes that the vapors, which are toxic, will be breathed by the minor. Inhaling toxic vapors can cause injury to the child.
This scenario usually takes place at home while cooking meth. It can also take place at any location when there is a minor under 15 years old present.
The state can use an expert medical person to express their opinion that inhaling toxic vapors causes injury. This opinion is rebuttable by other experts when as physical symptoms are present. The state must prove the injury was caused by the toxic vapor that injured the child by proof beyond a reasonable doubt.
Penalties for Manufacturing Meth with a Child Present
A class 2 felony can be 5 years presumptive 10 aggravated however under 13-705 it would be punish as a dangerous crime against children which carries a presumptive sentence of 17 yrs and mitigated sentence 10 years and aggravated sentence of 24 years for a first offense.
Defenses for Manufacturing Meth with a Child Present
Defenses to such charges will depend on the specific circumstances of the case. It's important to consult with a qualified criminal defense attorney to discuss the details of the case and develop an appropriate defense strategy. Here are some potential defenses:
Lack of Knowledge or Intent: If the accused can demonstrate that they were unaware that methamphetamine was being manufactured or that they did not intend to be involved in such activities, it may be a defense.
Lack of Evidence: Challenging the sufficiency or reliability of the evidence presented by the prosecution is a common defense strategy. This may involve questioning the credibility of witnesses, challenging the admissibility of certain evidence, or arguing that the evidence does not support the charges.
Illegal Search and Seizure: If law enforcement conducted an illegal search or seizure in violation of the Fourth Amendment, the defense may seek to suppress the evidence obtained through such means.
Coerced Confession: If the accused's confession was obtained through coercion, duress, or in violation of Miranda rights, the defense may challenge the admissibility of the confession.
Mistaken Identity: If there is doubt about the identification of the accused as the person involved in manufacturing methamphetamine, the defense may argue that the accused was wrongly identified.
Violation of Rights: If the accused's constitutional rights were violated during the arrest, questioning, or other stages of the investigation, it may be a basis for a defense.
It's important to note that each case is unique, and the effectiveness of defenses will depend on the specific facts and circumstances.
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