Cocaine Base or Crack and Locations
A California crack or cocaine base conviction can bring a lengthy prison sentence, and that punishment can be increased significantly by sentencing enhancements based on the location of the alleged offense.
If you’re facing a California cocaine base or crack charge with a location sentencing enhancement, it’s critical to have a knowledgeable drug defense lawyer fighting for your rights. A skilled California drug attorney from The Kavinoky Law Firm is ready to analyze your case and build an aggressive defense strategy.
A crack or cocaine base location sentencing enhancement stems from either maintaining a place to commit drug offenses or the proximity of the alleged offense to a school, park, beach or other location where minors congregate.
You cannot be punished for a sentencing enhancement if you are not convicted of the underlying narcotics offense. The prosecutor in your cocaine base or crack case must prove both the sentencing enhancement and the underlying drug charge beyond a reasonable doubt in order for you to receive additional punishment.
Like many felony drug offenses, many sentencing enhancements are punishable by three possible prison terms — the lower, the middle and the upper term. The judge will determine the sentence if convicted based on aggravating and mitigating factors — issues that prompt the court to treat you more harshly or leniently.
These are the sentencing enhancements that can be filed based on location in a California crack or cocaine base prosecution:
Code Section Enhancement Sentence 11353.6 Possess for sale, sell or manufacture upon grounds of school or within 1,000 feet of school (in a public place, or place legally open to minors) while school was in session or when children using facility Add 3-4-5 11366 Maintain a place for sale or use Misdemeanor or 16-2-3 11366.5a Rents or makes available for manufacture or distribution Misdemeanor or 16-2-3 11366.6 Utilizing fortified location to possess for sale, sell, or manufacture 3-4-5 11366.5b Derive excessive profit and allow to be fortified 2-3-4 11352b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or oceanfront beach if drug-free zone (includes library, pool, youth center) Add one year
A crack or cocaine base conviction with location sentencing enhancements can bring substantial prison time, so it’s crucial that you have a skilled defense lawyer on your side fighting for your freedom. An experienced California drug defense attorney from The Kavinoky Law Firm has the knowledge needed to aggressively fight your crack or cocaine base charge and any sentencing enhancements. Please contact us today at 1.800.NO.CUFFS for a free consultation.
