Drug Possession Drug Distribution Possession with Intent to Sell Drug Trafficking Misdemeanor Drug Charges Felony Drug Charges Cultivation of Marijuana Drug Manufacturing Drug Diversion

California Cocaine Defense Attorneys

Cocaine Drug Charges

Section 11000 of the California Health & Safety Code outlines the penalties for the possession, sale and trafficking of cocaine. Depending on the charges filed, someone caught possessing, selling or trafficking cocaine faces prison time and additional penalties. The law also contains provisions for several enhancements, which increase the penalties imposed on someone convicted of selling this drug.

Cocaine Possession

California law allows prosecutors to charge someone with cocaine possession in one of two ways. If a law enforcement officer searches you and finds cocaine in your pockets or elsewhere on your person, the prosecutor would charge you with actual possession. If the cocaine was not on your person, but you knew about the drug and had access to it, the prosecutor could charge you with constructive possession. This applies to drugs found in your home, backpack, vehicle or other property, even if they were not yours and you did not put them there.

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Possession of cocaine for personal use is a felony in California. Someone convicted of this charge faces a prison sentence and a fine of up to $70. If a judge grants probation in this type of case, the probation period has additional restrictions.

Cocaine Sales

Under California law, it is illegal to buy or possess drugs for the purpose of selling them. The prosecutor does not have to prove that you sold the drugs, just that you had the intent to sell them. Prosecutors use evidence such as the presence of drug packaging materials, cutting agents and weighting scales to prove intent to sell. Evidence can also come from police informants, wiretappings and conversations with undercover police officers. Possession with intent to sell is a felony drug charge in California.

The penalties for a conviction on this charge depend on the circumstances of your arrest. Conviction for possession with intent to sell cocaine results in a prison term of two to four years. Possession with the intent to sell a cocaine base results in a prison term of three to five years. The age of the buyer also plays a role in the possible penalty. Selling cocaine to minors can result in a prison term of three, five or seven years. Selling cocaine to young children (preschool or school age) can result in a prison term of five, seven or nine years.

Penalty enhancements result in additional prison time. Selling cocaine within 1,000 feet of a school adds three, four or five years of prison time to a sentence for this type of conviction. Selling cocaine on the grounds of a religious building, youth center, school or daycare adds an additional year of prison time to the original sentence. Anyone over the age of 18 who is convicted of selling to a minor at least four years younger faces a separate enhancement of three, four or five years in prison. If the seller is five or more years older than the minor, and the sale occurred in a public area, conviction could result in a state prison term of five, seven or nine years.

Cocaine Trafficking

Trafficking refers to the importing, transportation and distribution of cocaine. This is a felony charge in California, unless a person is charged with transporting or importing less than 28.5 g of marijuana in their possession and the drug is for their own personal use. Someone convicted of importing or transporting cocaine faces a penalty of three to five years in prison. If the transport was from one county to another, noncontiguous county, the possible penalty is three, six or nine years in state prison.

Former Prosecutors Defending Your Rights

A drug charge conviction puts your freedom at stake and may make it difficult for you to find employment in the future. If you are arrested and charged with a cocaine-related crime, contact one of the Los Angeles cocaine crime defense lawyers at Takakjian & Sitkoff, LLP for a no-obligation consultation. Call us at 1-866-790-5858 to speak with an experienced drug defense attorney at no cost.

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