Cocaine is a Schedule II drug under California Health & Safety code 11055 (b) (6)), and it’s illegal to use, possess, sell, possess for sale, and manufacture. Violation of California’s cocaine laws can result in felony charges that carry significant prison time. Consequently, if you’re facing a California cocaine charge, you should have an experienced defense lawyer fighting for your freedom. Additionally, a skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a cocaine charge.
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Cocaine Penalties
What is especially relevant here is that sentencing changes based off of the crime. California’s determinate sentencing laws spell out a lower term, a middle term, and an upper term for felony offenses spelled out in months or years.
In fact, the punishment handed down after a cocaine conviction will be determined by the facts of your case and by aggravating and mitigating factors. These factors are circumstances that prompt the judge to treat you more harshly leniently. Mitigating factors are almost always very helpful in a case. You’re probably going to talk to your attorney about these following your arrest.
The following charges can be brought in a California cocaine case:
|
Section Number
|
Charge
|
Sentence
|
|
11350
|
Cocaine possession
|
16-2-3
|
|
11351
|
Possession for sale
|
2-3-4
|
|
11352
|
Sale (transport, import, furnish, administer, give away, etc.)
|
3-4-5
|
|
11379.6
|
Manufacture (process, prepare, etc.)
|
3-5-7 plus $50,000
|
|
11355
|
Agrees to sell, then sells another substance in lieu of
|
Misdemeanor or 16-2-3
|
|
11366.8a
|
Possess or use false compartment in vehicle to store or transport
|
Misdemeanor or 16-2-3
|
|
11366.8b
|
Design or construct false compartment in vehicle to store or transport
|
16-2-3
|
|
11401
|
Analog of cocaine (controlled substance) (i.e. substantially similar chemical structure or effect)
|
|
|
PC 182a1
|
Conspiracy to do any or all of the above (same as substantive charge)
|
|
|
11532
|
Loitering in a public place
|
Misdemeanor
|
|
with the intent to commit a drug offense
|
Sentencing Enhancements
In addition to the charges in a California cocaine case, there are also numerous sentencing enhancements that can be filed that, if proven, can substantially increase your punishment. Another penalty can add include more time for weight enhancements, prior convictions, firearms, locations, and minors.
Therefore, if you’re facing a California drug charge, you could see substantial prison time. Additionally, there are other significant repercussions to this conviction. However, it’s entirely possible to aggressively fight your charge. Hence, you need a lawyer – and you need one quickly. Luckily, a skilled California criminal defense attorney from The Kavinoky Law Firm is ready to review your case and help you plan your next move. Please contact us today at 1.800.NO.CUFFS for a free consultation.
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About Darren Kavinoky and The Kavinoky Law Firm.
Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.
