Cocaine Laws in California
California Health and Safety Codes 11350-11352 HS make it a crime to possess, sell, or transport controlled substances, including cocaine and cocaine base. Simple cocaine possession is a misdemeanor that can be dismissed with no jail through drug diversion.
We have handled thousands of drug crimes, including cocaine charges. Depending on the amount, possession of cocaine can result in state prison for 2-4 years. If possession was to be distributed, one may face 3-9 years in state prison. This is why you must contact our law firm to have the charges reduced or dismissed altogether.
So, a lot of people have taken felony convictions or possessions, and you can now get that reduced down to a misdemeanor. Possession of cocaine can now be reduced to a misdemeanor.
If you are selling cocaine, that's a different story. That cannot be reduced to a misdemeanor. You would have to get the matter deleted if you didn't serve any prison time, completed your probation, or handled it some other way.
But that can be a tricky thing for people because once you get that felony conviction on your record, you put yourself in a position where you start to lose rights — You can't vote; you can't own, use, or possess a gun, ammunition, bullets 00 and people look down on you because you have a felony conviction on your record.
So, if you've got cocaine possession as a felony, you can now hire an attorney — at least, that's the way I would do it and let the attorney get the matter reduced down to a misdemeanor and possibly expunged from your record.
Drug Program Option
There are solutions to dealing with possession of cocaine charges, and one of them is getting into a drug program with the help of an attorney. This can potentially lead to the conviction being removed from your record. This possibility should give you hope and put you in a favorable position regarding your cocaine charge.
So, there are several different things you can do to put yourself in a good position — save your criminal record basically if you're charged with possession of cocaine in Los Angeles. There's also what's called deferred entry of judgment, which means the prosecutors are trying to help you get treatment for cocaine addiction.
If you get treatment and do everything you're supposed to after approximately eighteen months, you can get the matter dismissed from your record. That's usually for someone who's a casual drug user.
California Proposition 36
If, on the other hand, you have a severe addiction, there's something called California Proposition 36. That's much more labor intensive. You will have to do a program, and they will evaluate you and determine whether you are eligible and suitable to get Proposition 36.
If you are, they will determine your level of addiction and what makes sense to you. Is it an out-patient program? Is it an in-patient program? That's what they're going to be looking at. Once you complete everything, assuming you can do it, you put yourself in a position to get a dismissal.
So, there are a lot of things that can be done in today's society related to the possession of cocaine or any drug. The key is having the right attitude about taking positive steps in your life and getting the right attorney to execute a plan to get you out of the criminal justice system as quickly as possible and protect your record.
If you are facing these charges in Federal Court, there is a difference between the possession of crack cocaine and the possession of powder cocaine, and the penalties are more severe. You may face 5-40 years in prison depending on surrounding circumstances, like whether there was an injury or death.
Legal Penalties
If you have a prior conviction for a felony drug offense that has not been completed, you will be sent to prison for ten years to life. If death or serious injury resulted from the cocaine use and if you have a prior conviction, you will be sent to prison for life and be required to pay a fine of up to $4 million.
Penalties for possession of more than 5 kg of cocaine or a substance containing coca leaves are even harsher and result in double the prison sentences and fines. Our defense lawyers do everything we can to get the best results possible. We fight aggressively and persistently. Our legal strategy and skill qualify us to competently and effectively represent you if you are facing cocaine charges.
We understand the stress and seriousness of the charges you are facing. Our team is here to provide you with the support and guidance you need to achieve the most favorable results. You are not alone in this.
