Former Sr. Prosecutors Now Los Angeles Cocaine Possession And Sales Defense Attorneys
Drug crimes are taken very serious in California due to the other crimes it often leads to, such as violent and theft crimes. Cocaine, in its many forms, is highly addictive and is therefore, targeted by narcotics officers and prosecutors in Los Angeles and throughout Southern California. Among the most addictive controlled substances, possession of Cocaine was previously categorized as a felony drug crime. However, the passage of Prop. 47 in November of 2014 resulted in Cocaine possession under Health and Safety Code 11350 to be reclassified as a misdemeanor drug crime for drug offenders who were not registered sex offenders nor had prior serious felony convictions. Although possession of Cocaine for personal has been decriminalized, for the most part, the offense still carries the potential consequences of a misdemeanor drug conviction, such as jail time, fines, and probation. Fortunately, depending on your prior criminal history, your Cocaine possession lawyer can negotiate a drug diversion program, which would result in a dismissal of your drug charge.
The Los Angeles criminal defense firm Takakjian & Sitkoff, LLP was founded in 1987 and have since then specialized in defending all misdemeanor and felony drug crimes in Southern California. Drug crimes defense attorneys Paul Takakjian and Stephen Sitkoff have each practiced law for over 35 years as former senior prosecutors with the LA District Attorney’s Office and have successfully defended both simple possession of Cocaine and the more serious drug charges of possession of Cocaine with intent to sell or traffic.
Penalties For Misdemeanor HS 11350 – Cocaine Possession
As a schedule 2 drug under the California Uniform Controlled Substances Act, Cocaine is considered a controlled substance with a high potential for abuse, which can result in psychological or physical dependency. Therefore, the consequences of even a misdemeanor conviction for Cocaine possession are greater than that of possession of Marijuana. Unless your drug lawyer is able to negotiate drug diversion for you, the potential penalties and punishment you face for misdemeanor Cocaine possession in Los Angeles may include the following:
- Up to 1 year in LA County Jail
- Up to $1,000 fine
- Summary probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Penalties For Felony HS 11350 – Cocaine Possession
Prior to the passage of Prop. 47, possession of Cocaine was prosecuted exclusively as a felony drug crime. Although Cocaine possession is now considered a misdemeanor drug crime in Los Angeles, it can still be prosecuted as a felony drug charge is you have prior aggravated felony convictions on your record, such as robbery, residential burglary, or rape. In addition, felony Cocaine possession can be charged against you if you are a registered sex offender under PC 290. Felony possession of Cocaine carries the following punishments and penalties:
- Up to 3 years in California State Prison
- Formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
HS 11351 – Possession With Intent To Sell Cocaine
The amount of cocaine in your possession and the way the controlled substance is packaged can result in you being charged with possession of Cocaine for sale under HS 11351. In addition to the amount of drugs you are found in possession of and the manner in which it is packaged, possessing Cocaine with a large amount of cash and “tools of the trade,” such as a scale and ledger can also be used against you as evidence of Cocaine possession with intent to sell or distribute. Cocaine sales and distribution charges are much more serious than simple possession, and the drug crime is prosecuted as a “straight felony,” meaning it cannot be reduced to a misdemeanor drug offense. Furthermore, Cocaine possession for sale is not an eligible drug crime for drug diversion. If you are charged with felony possession of Cocaine for sale, you face the following punishments:
- Up to 4 years in California State Prison
- Up to $20,000 fine
- Cash and property seizure
- Formal probation
- Community service/labor
- Court ordered drug education program
- Felony criminal record
Contact Our Los Angeles Cocaine Possession Defense Lawyers For A Free Case Analysis
Regardless of whether you have been arrested for a first offense drug crime, or you have prior drug related convictions, you must take proactive measures to protect your interests, and the first step should be speaking with an experienced criminal attorney with drug crimes defense expertise in Los Angeles. Please contact us at our West Los Angeles office now at (310) 312-8055 or toll-free at (888) 579-4844 for a free no-obligation consultation to review the facts of your case and each of your potential outcomes. Let us put our 70 plus years of LA drug crimes defense experience to work for you. For our clients’ convenience, we also maintain satellite office locations in the following cities: