Los Angeles Cocaine Defense Attorney – Fight Your Drug Charges
Being charged with cocaine possession in California can have serious repercussions on your life, affecting everything from your personal freedom to your career opportunities. Even possessing a small amount of cocaine is treated as a significant offense under California law, with potential penalties including jail time, fines, and mandatory drug counseling. A conviction can also result in a permanent criminal record, which may hinder your ability to secure employment, housing, or educational opportunities.
At The Law Offices of Arash Hashemi, our Los Angeles cocaine possession attorney understands the stakes involved and the impact a conviction can have on your future. We work tirelessly to analyze every detail of your case, challenge the evidence presented by prosecutors, and build a tailored defense strategy designed to protect your rights and minimize the consequences.
Take the first step toward protecting your future. Contact our criminal defense attorney today at (310) 448-1529 to schedule a free confidential consultation.
California’s Cocaine Possession Laws
Types of Cocaine Possession:
Actual Possession: This refers to having cocaine physically on your person, such as in your pocket, wallet, or bag. If the drug is found on you, it is considered “actual possession.”
Constructive Possession: You may also be charged with cocaine possession if the drug is found in a location under your control, such as your car, home, or locker. Constructive possession occurs when you have access to the cocaine, even if it is not physically on you at the time.
Joint Possession: Joint possession occurs when you share ownership or control of the cocaine with another person. For instance, if multiple individuals have access to a particular space where the cocaine is found, they may all face charges under joint possession.
Understanding these distinctions is crucial for defending against a cocaine possession charge. If you are facing cocaine possession charges, it is important to consult with a Los Angeles cocaine defense attorney to explore the best possible strategy for your case.
What Are the Penalties for Cocaine Possession in California?
In 2014, California voters passed Proposition 47, which reclassified the simple possession of most controlled substances, including cocaine, as a misdemeanor for many offenders. However, the penalties for cocaine possession can still vary significantly depending on the specifics of the case, including prior criminal history and aggravating circumstances.
Misdemeanor Cocaine Possession
For individuals eligible for misdemeanor charges, the penalties may include:
- Jail Time: Up to 1 year in county jail.
- Fines: Up to $1,000.
- Probation: Informal probation may be granted in place of jail time, often requiring compliance with court-ordered conditions such as attending drug treatment programs or performing community service.
Felony Cocaine Possession
In certain situations, cocaine possession can still be charged as a felony, particularly if:
- The defendant has prior convictions for serious or violent crimes.
- The defendant is a registered sex offender.
Penalties for felony cocaine possession may include:
- Prison Time: Up to 3 years in state prison.
- Fines: Up to $10,000.
Diversion Programs for Cocaine Possession
California provides several diversion programs aimed at helping individuals charged with cocaine possession avoid a criminal conviction or incarceration by addressing the root causes of drug use. These programs are designed for eligible defendants, particularly first-time or non-violent offenders, offering alternatives to traditional penalties such as jail time.
One option is the Deferred Entry of Judgment (DEJ) program, which is available for first-time, non-violent drug offenders. Participants must complete a court-approved drug treatment program as a condition of the program. Successful completion results in the dismissal of the charges, allowing defendants to avoid a conviction on their criminal record.
Another alternative is Proposition 36, which extends eligibility to second-time offenders. This program prioritizes drug treatment over incarceration and emphasizes rehabilitation. Participants who complete the program may have their penalties significantly reduced, helping them move forward without the severe consequences of a criminal conviction.
In certain counties, defendants may also qualify for Drug Court, which provides a highly structured environment with intensive supervision. Drug Court programs combine counseling, treatment, and regular monitoring as an alternative to jail time. These programs are tailored to the needs of participants and are aimed at breaking the cycle of substance abuse while reducing the likelihood of recidivism.
Diversion programs offer a valuable opportunity for eligible defendants to address substance use issues while avoiding the harsh penalties associated with cocaine possession convictions. Our cocaine possession attorney can help determine your eligibility and guide you through the process.
Common Cocaine-Related Criminal Charges in California
- Possession With Intent to Sell (California Health and Safety Code § 11351)
Charges under HSC § 11351 involve possessing cocaine with the intent to distribute it. Prosecutors often rely on circumstantial evidence, such as individually packaged drugs, scales, or large sums of cash. A conviction can result in up to 4 years in prison and substantial fines. - Selling or Transporting Cocaine (California Health and Safety Code § 11352)
Under HSC § 11352, selling or transporting cocaine is a more severe offense. Convictions can carry up to 5 years in prison, with enhanced penalties for transporting cocaine across multiple counties. - Trafficking Cocaine
Involves the sale, importation, or distribution of large quantities of cocaine. Often prosecuted under federal law, penalties can include lengthy prison sentences and significant fines. - Manufacturing Cocaine
Allegations of producing or participating in operations to manufacture cocaine can lead to severe state or federal charges, with penalties including decades in prison. - Conspiracy to Commit Cocaine Offenses
Involves planning, aiding, or facilitating cocaine-related crimes. Charges may be brought even if the planned offense was not completed.
Legal Defenses for Cocaine Charges in California
Proving Lack of Possession or Knowledge
For a conviction, the prosecution must prove that you had actual, constructive, or joint possession of the cocaine. If the drugs were not on your person, within your control, or shared with others, we may argue that you did not possess the substance and challenge the prosecution’s claims.
No Knowledge
Another critical element of a cocaine possession charge is proving that you knowingly possessed the drug. If you were unaware of its presence—such as if someone else placed it in your belongings or vehicle without your knowledge—or if you did not know it was an illegal substance, we may challenge this aspect of the case.
Insufficient Evidence
The prosecution bears the burden of proving the charges beyond a reasonable doubt. If the evidence is weak, circumstantial, or fails to directly tie you to the cocaine, we will scrutinize the case for gaps or inconsistencies. Challenging the quality and quantity of the evidence can be a strong defense.
Challenging Evidence and Unlawful Search and Seizure
Your constitutional rights protect you from unlawful searches and seizures. If law enforcement violated these rights by searching your person, vehicle, or property without a warrant or probable cause, we can file a motion to suppress the evidence. Without admissible evidence, the prosecution’s case may be significantly weakened or dismissed.
Entrapment
If law enforcement coerced or pressured you into possessing cocaine, particularly through tactics that went beyond providing an opportunity to commit a crime, we may raise an entrapment defense. Proving that you were induced into illegal behavior by police can lead to a dismissal of charges.
Contact a Los Angeles Cocaine Defense Attorney
You do not have to face cocaine possession charges alone. At The Law Offices of Arash Hashemi, our experienced legal team is here to protect your rights and provide unwavering support every step of the way. Once Attorney Hashemi is on your case, you will have a dedicated advocate meticulously reviewing the evidence, identifying your strongest defenses, and guiding you through the complexities of the legal process.
We will carefully explain your legal options, including the possibility of diversion programs, negotiating favorable plea deals, or presenting a strong defense in court. With your input and understanding, we will fight tirelessly for the best possible outcome in your case.
Take the first step toward protecting your future—contact our Los Angeles cocaine possession attorney today for a confidential consultation.
Schedule Your Consultation Today
- Phone: (310) 448-1529
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- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
