Crack and Base Cocaine Charges Involving Minors
The punishment for a California crack or cocaine base conviction can be significantly increased by sentencing enhancements based on the involvement of minors. If you’ve been charged with a California cocaine base or crack charge with a sentencing enhancement alleging a minor was involved, you need a qualified drug defense lawyer on your side.
Knowledgeable California drug attorneys from The Kavinoky Law Firm can design a comprehensive defense strategy designed to protect you from the substantial repercussions of a cocaine base or crack charge and any accompanying sentencing enhancements.
You can’t be punished for any sentencing enhancement if the prosecutor is unable to convict you of the underlying narcotics charge. Also, the prosecutor must prove your guilt in the sentencing enhancement beyond a reasonable doubt, or you cannot receive additional punishment.
These are the sentencing enhancements that can be filed in a California cocaine base or crack case based on the alleged involvement of minors:
Code Section Enhancement Sentence 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell, etc. OR sell, etc. to minor 3-6-9 11353.1(a)(1) If 11353 at church, youth center, day care center, pool, etc. Add one full year 11353.1(a)(2) If 11353 and on or near school Add two full years 11353.1(a)(3) If 11353 and minor four years or more younger than defendant Add 1-2-3 11370b If 11353 (sale) No probation, no suspension, no discretion PC 1170.72 If 11353, 11353.5, 11353.7, 11354, 11361, 11380, or 11353.1(a)(3), 11353.6, 11380. 1(a)(3) and minor is 11 years old or younger Circumstance in aggravation for sentencing
The allegation that a California crack or cocaine base offense involved a minor is a serious sentencing enhancement that can add years to your punishment if proven, so it’s essential to aggressively fight these allegations. Experienced California defense attorneys from The Kavinoky Law Firm are ready to review your case and prepare a comprehensive strategy. Please contact us today at 1.800.NO.CUFFS for a free consultation.
