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Crack Cocaine Charges With Prior Convictions

In addition to the substantial penalties associated with a California crack or cocaine base conviction, factors called sentencing enhancements can add years to your sentence. One possible sentencing enhancement in a California cocaine base or crack prosecution is for prior drug convictions.

If you have prior drug convictions and are facing a California crack or base cocaine charge, you need a defense lawyer who is willing to fight to protect you from the serious repercussions you face. Experienced California drug lawyers from The Kavinoky Law Firm are ready to review your case and begin developing a strong defense strategy.

Sentencing enhancements are allegations that, if proven, can add substantially to your punishment in a crack or base cocaine case. If you're not convicted of the underlying cocaine charge, you cannot be punished for a sentencing enhancement.

The following sentencing enhancements for prior convictions can be filed in a California crack or base cocaine case:

Section Number
Enhancement
Punishment
1203.073b6
Transporting for sale, importing for sale, administering, or offering, or attempting
No probation, judge has discretion
11370a
Any new 11350, 11351.5, 11352, 11353 with any prior felony narcotics conviction
No probation, judge has discretion
11370.2a
New 11351.5, 11352, 11380.5 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5 or 11383
Add three years for each prior conviction
PC 1203.07(a)(11)
Any new 11351 or 11352 charge with prior 11351 or 11352 conviction
No probation, no discretion
11353.4
New 11353 with prior 11353 (with prison sentence)
1-2-3
PC 667.5b
For each prior prison commitment (unless defendant remained free of both additional prison term and felony conviction)
Add one year
11366.5c
Prior 113665a with new 113665a
2-3-4

Obviously, sentencing enhancements for prior convictions and other factors can add substantially to your punishment in a California cocaine base or crack case, so it's imperative to aggressively fight these allegations. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and develop a comprehensive defense strategy designed to protect your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.

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