Cocaine Base or Crack with Weight Enhancements
California crack or cocaine base charges carry extremely serious repercussions, and factors known as sentencing enhancements can add years to a prison term. If you’re facing a California crack or cocaine base charge with or without sentencing enhancements, you need an experienced drug defense attorney who can fight aggressively for your rights. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and help you determine your next step.
One possible sentencing enhancement in a California crack or cocaine base case is a weight enhancement. Like the underlying drug charge, a weight enhancement must be proven beyond a reasonable doubt if you are to be punished for it. You can’t be punished for a weight enhancement or any other sentencing enhancement if you aren’t convicted of the underlying drug charge.
The following weight enhancements can be filed in a California crack or cocaine base case:
Code Section Enhancement Sentence 1203.73b5 Two ounces of a substance containing at least five grams of cocaine base or one ounce of pure cocaine base No probation, judge has discretion 11370.4a1 More than one kilogram Add three years 11370.4a2 More than four kilos Add five years 11370.4a3 More than 10 kilos Add 10 years 11370.4a4 More than 20 kilos Add 15 years 11370.4a5 More than 40 kilos Add 20 years 11370.4a6 More than 80 kilos Add 25 years
The good news is that it’s possible to mount an aggressive fight to a crack or cocaine base charge and any accompanying sentencing enhancements. One tactic an experienced California defense lawyer may use is a motion to suppress evidence. If police didn’t follow the correct protocol when gathering evidence against you, it may be inadmissible.
In some California crack cocaine cases, it may be possible to arrange alternative sentencing that permits you to avoid some or all of a prison sentence. Some types of sentencing alternatives that may be available include a deferred entry of judgment (DEJ), drug court, or Proposition 36.
If you’re facing a crack or cocaine base charge with weight enhancements, you need an experienced California drug defense attorney who will fight aggressively to protect you from the substantial repercussions you face. Experienced California defense attorneys from The Kavinoky Law Firm is ready to review your case and help you to understand your options. Please contact us today at 1.800.NO.CUFFS for a free consultation.