California Cocaine Charges Involving Firearms
California powder cocaine charges carry extremely harsh repercussions, and sentencing enhancements — factors that substantially increase punishment — can add years to a prison sentence. Possessing or using a firearm is one sentencing enhancement that can be filed in a California cocaine case.
If you’re facing a California cocaine charge, you want an experienced drug defense lawyer doing everything possible to safeguard your freedom. Qualified California defense attorneys from The Kavinoky Law Firm have the experience and skills you need to aggressively defend you on any cocaine charge.
Just like the underlying cocaine charge, any sentencing enhancements such as those involving guns must be proven beyond a reasonable doubt if you are to receive additional punishment. You can’t be punished for a sentencing enhancement if you’re acquitted of the underlying drug charge.
Many sentencing enhancements have the same punishment structure as felony convictions — a lower, middle and upper term expressed in months or years. The sentence that is applied depends on the facts of the case.
The following firearms enhancements can be filed in a California cocaine case:
Section Number Enhancement Sentence 11550e Possession of a loaded, operable gun while under the influence (11550) Misdemeanor or 16-2-3 11370.1 Possession of a loaded, operable firearm while possessing cocaine (11370) 2-3-4
(No diversion or DEJ) PC 12022c Possession of a loaded or unloaded, operable or inoperable firearm during sale (11351) or possession for sale (11352) Full consecutive 3-4-5
(if vicarious, 12022d,
add 1-2-3)
PC 12022a Armed with a loaded or unloaded firearm during the commission of any felony Add one year
Your California defense attorneys will thoroughly analyze your California cocaine case before planning a comprehensive defense strategy designed to address both the underlying drug charge and any guns and firearm enhancement.
One tactic your drug defense lawyer may employ is a motion to suppress evidence. This type of motion questions whether police followed proper procedure when seizing evidence, and may be directed at drug evidence, firearms, or both.
The allegation of possessing or using a firearm during the commission of a California cocaine offense can add years to an already lengthy prison sentence, but it’s possible to fight both the underlying drug charge and the sentencing enhancement.
To learn more about aggressive defenses to cocaine charges, please contact an experienced California drug defense lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.
