California Drug Attorneys: Crack, Base Cocaine Charges & Firearms

Crack and Base Cocaine Charges and Firearms

California crack or base cocaine charges carry harsh consequences, and factors called sentencing enhancements can increase those repercussions even more. One possible source of sentencing enhancements in California crack or cocaine base cases is the possession or use of firearms.

If you're facing a California cocaine base or crack case involving a gun enhancement, you need a knowledgeable drug defense lawyer fighting for your freedom. A top California drug attorney from The Kavinoky Law Firm will do everything possible to fight both your underlying drug charge and any firearm sentencing enhancements.

The prosecutor must prove your guilt in both the underlying crack or cocaine base charge and any firearm enhancements if the court is to impose the additional sentencing enhancement. You cannot be punished for a firearm enhancement if you are not convicted of the underlying crack cocaine offense.

The following sentencing enhancements involving guns can be included in a California cocaine base or crack case:

Section Number

Enhancement

Sentence

11550e

11550 (under the influence) while in personal possession (including passenger compartment of vehicle)

Misdemeanor or 16-2-3

11370.1

11350 while armed with a loaded, operable firearm

2-3-4
No diversion or deferred entry of judgment

PC 12022c

11351.5 or 11352 (or attempt) while armed with a firearm (loaded or unloaded, operable or inoperable)

Full consecutive 3-4-5

12022a

Armed with a firearm (loaded or unloaded) during the commission of any felony

Add one year

Fortunately, your defense lawyer can mount an aggressive defense to both a firearm enhancement and your underlying cocaine base or crack charge. One possible strategy that your defense lawyer may use is a motion to suppress evidence. If investigators didn't follow the proper protocol when gathering evidence against you, it may be inadmissible.

To learn more about comprehensive defenses to crack cocaine charges and firearms enhancements, please contact an experienced California drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

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