Powder Cocaine Charges and Prior Convictions
California cocaine charges carry extremely harsh penalties, and factors called sentencing enhancements can add substantially to your prison sentence. One possible sentencing enhancement in a California cocaine case is for prior convictions.
If you’re facing a California cocaine charge and have prior drug convictions, you need a defense lawyer who thoroughly understands narcotics law and will fight fearlessly for your rights. Knowledgeable California defense lawyers from The Kavinoky Law Firm has the skills needed to aggressively fight for your freedom.
In order to punish you for a sentencing enhancement in a California cocaine case, the court must find you guilty beyond a reasonable doubt of both the underlying drug charge and the enhancement. If you’re not convicted of the underlying drug offense, you cannot be punished for the sentencing enhancement.
Under California Health & Safety Code section 11370.2a, if you’re convicted of cocaine sale or possession for sale, you can be sentenced to an additional three years for each prior conviction for cocaine possession for sale (11351), possession of cocaine base for sale (11351.5), sale (11352), 11378 (possession of meth for sale), 11379 (meth sale), 11379.6 (manufacture), 11380.5 (offenses in public parks or beaches), 11383 (possession of chemicals with intent to manufacture).
If you’re convicted of 11350 (cocaine possession), possession for sale (11351), sale (11352), solicitation of a minor (11353), or agreeing to sell a controlled substance (11355), and have any prior felony narcotics conviction, you cannot receive probation, although the judge has discretion in this matter.
Under California Penal Code section 1203.07 (a)(11), if you’re convicted of sale or possession for sale and have a prior conviction for either of those offenses, you cannot receive probation. The judge has no discretion in this matter.
Under California Penal Code section 667.5b, you can receive an additional year in prison for any prior prison commitment unless five years have passed since you were released from prison and convicted of a felony.
California Health & Safety Code section 11366.5c dictates that if you’re convicted of managing a place for the manufacture, storage, and/or distribution of a controlled substance (11366.5a) and have a prior conviction for the same offense, you’ll receive an additional two, three, or four years in prison.
Your lawyer may challenge the validity of your prior convictions as part of a comprehensive defense strategy. If the court opts to strike one or more prior drug convictions from the record or otherwise invalidate the convictions, you cannot receive additional punishment for them.
If you’re facing a California powder cocaine charge and have prior convictions, you need skilled California defense lawyers fighting to safeguard your freedom. To learn more about aggressive defenses to California cocaine charges, please contact a qualified defense lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.
