Cocaine Possession
Possession of cocaine is a serious offense. This Schedule I substance is highly addictive and dangerous and therefore carries harsh potential penalties under California laws. When you are faced with criminal charges of possession of cocaine, you need someone on your side looking out for your best interests. We can put you in touch with such an attorney today.
Possession of cocaine, whether powder or crack-cocaine, is considered a felony offense under California laws. This means you could be sent to prison for a conviction. However, your attorney may be able to help you avoid prison time.
California Cocaine Possession Penalties
Typically, for a conviction of possession of cocaine, you will be sentenced to up to 1 year in jail and probation, or a combination of the two. Under the law, however, you can be sentenced to more (16 months to 3 years) depending on the facts of your case, your criminal history, and the amount of cocaine you are charged with having.
If this is your first ever drug charge or if it has been a long time since any previous offenses, you could qualify for programs under Proposition 36, a Drug Court, or a Deferred Judgment (more information below).
A more serious charge of possession with intent to distribute carries a more serious penalty, with up to 5 years in prison in most cases.
Sentencing Alternatives for Cocaine Possession in California
The state of California has many programs in place to help people charged with drug crimes. These are alternatives to incarceration, and many are specifically targeted at first time offenders.
Proposition 36: Sentencing under proposition 36 involves one year of drug treatment. This could be inpatient, outpatient, or treatment at a halfway house. Determinations such as this are made by taking your criminal offense, history, addiction, and personal situation into account.
Drug Courts: Drug courts are located across the state and seek solely to treat drug offenders. They often include terms like traditional probation (community service, counseling, treatment, etc.) but also require regular check-ins at court and are generally more intensive.
Deferred Judgment: A deferred judgment is when you plead guilty to the offense which you are charged with and undergo a period of probation and treatment. If you successfully complete the period and remain arrest-free for a set period of time (usually one year), you are released from supervision and the case is dismissed.
California Cocaine Charge Defense Strategies
A possession charge is not the same as a possession conviction. You have options and a defense attorney can help you make sense of the case. From challenging the search that led to your arrest to presenting evidence to your benefit, your attorney is your advocate when your back is against the wall.
Contact us today to speak with a criminal defense attorney who can help with a cocaine possession charge today.
