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Penalties for Cocaine-Related Crimes in CA
Cocaine and its free-base form (crack cocaine) are powerful stimulants with extreme addictive potential. Given the fact that they have virtually no accepted medical application makes both drugs rank high in the controlled substances range (Schedule II and I, respectively).
This also makes cocaine and crack cocaine possession, distribution, and transportation illegal in every US state, California included. Being charged with related crimes carries severe repercussions, including lengthy prison sentences and exorbitant fines.
As courts view these charges highly unfavorably, defending against the aforementioned accusations can be beyond challenging and is typically only achievable by having the best San Diego, CA cocaine drug crime attorney you can find.
What is the penalty for cocaine in California?
Penalties for cocaine-related transgressions in California depend on the nature of the crime (e.g. whether it’s classified as a felony or misdemeanor), as well as the presence of aggravating factors, such as prior charges for serious offenses.
Penalties for simple possession of cocaine
In most cases, cocaine possession for personal use (e.g. “simple possession”) is charged as a misdemeanor, carrying up to 1 year in county jail and/or fines of up to $1,000. However, if the accused has previous convictions for certain serious offenses, such as murder or other drug-related crimes, simple possession is tried as a felony and carries the following penalties:
- Jail sentence of up to 16 months, 2 years, or 3 years, and;
- Fines up to $10,000;
It should be noted that charges can be dropped and jail sentence avoided if the accused completes one of California’s drug diversion programs, such as PC 1000 or Prop 36. However, these programs are generally reserved only for first-time, non-violent offenders.
Another specific situation that bears mentioning is cocaine possession while being armed with an operable firearm at the same time. According to the HS §11370.1, this is a felony offense punishable with up to 4 years in jail or prison and a fine of up to $10,000.
Penalties for possession of cocaine with intent to sell
Possession of a controlled substance for sale is always a felony offense. In this specific case, penalties will depend on the type of the substance:
- For cocaine, penalties include 2, 3, or 4 years in state prison and fines of up to $20,000;
- For crack cocaine, penalties include 3, 4, or 5 years in state prison and fines of up to $20,000.
However, if the amount of cocaine or crack exceeds 1kg, the court will impose enhancements to the penalty that may include:
- Additional 3 – 25 years in prison, and;
- Fines of up to $8 million.
Penalties for cocaine trafficking
Controlled substance trafficking is a felony offense punishable with 3, 4, or 5 years in state prison and fines of up to $20,000 if the accused is a first-time offender. If this is not the case and other aggravating factors are present, further enhancements to penalties may be applied.
This may include instances such as selling cocaine to a minor, transporting it across two or more state lines, distributing it near drug treatment facilities, and even giving it away to vulnerable individuals (e.g. pregnant women, homeless people, individuals with mental health disorders, etc.).
The aforementioned aggravating factors can each result in a sentence enhancement of up to 2 – 5 years in prison, as well as fines of up to $20,000. In addition, the enhancement for quantities exceeding 1kg applies in case of trafficking as well.
Which San Diego, CA cocaine drug crime attorney near me should I choose?
At Monder Criminal Lawyer Group you can find the finest legal representatives anywhere from Bay Terraces to North City. Recognized as authorities in their field, our attorneys are well-renowned for their assertiveness and strategic approach to case-building.
Whether you’re charged with drug trafficking or simple possession, rest assured that we’ll employ all our collective expertise to build a robust defense and provide fierce advocacy. Reach out to us today and ensure you have a reliable partner dedicated to your future!
