Los Angeles Cocaine Defense Lawyers
Drug Crime Defense Attorneys in Los Angeles Helping People Accused of Crimes Related to Cocaine
Cocaine is known by many names - coke, blow, snow and powder, but there are really too many to list. It can be snorted, smoked, or injected. It's highly addictive, and users face serious risks to their health, including death by overdose.
Under the United States Controlled Substances Act, cocaine is considered a “controlled substance,” meaning that is it illegal to sell, use, or possess it without a prescription or for other recognized medical use. Cocaine is generally considered a Schedule II drug, due to the fact that it (1) carries a high potential for abuse, and (2) the likelihood that abuse will lead to addiction. In addition, the possession and sale of cocaine is illegal under California law, and there are significant legal penalties that can be imposed on the state level.
Possession of Cocaine
Under California law, it is illegal to possess a number of controlled substances, which includes cocaine in any form. In order to find you guilty of possession, the prosecution has to prove three things:
- That you had the cocaine in your possession, either on your person (in your pocket) or in an area under your control (in your car);
- That you knew you had the cocaine; and
- That it was a useable amount, not just a trace amount or residue.
A cocaine possession count requires proof of knowing control, knowledge that the item was a controlled substance, the substance identity, and a usable amount under the applicable statute and CALCRIM 2304. The accused need not know its exact chemical name. If an item was found in a shared or borrowed car, the location alone does not prove knowing control. Counsel should review the lab result, vehicle access, statements, packaging and where the item was found before estimating the strength of a possession allegation. Ask whether the tested sample came from the same package described in the report, whether other occupants had access, and whether a statement was recorded before or after the person learned what police found. These details can distinguish evidence of proximity from evidence of knowing possession.
It’s also important to know that you will be charged with possession of cocaine if the amount in your possession was for personal use only. Of all the cocaine-related charges, possession carries some of the lightest penalties.
Possession of Cocaine for Sale and Transportation
If you are caught with cocaine in certain circumstances, the prosecutor may charge you with possession of cocaine for sale. This is a more serious crime with heavier penalties. In order to be found guilty, however, the prosecution will have to prove that you intended to sell it. As a result, the prosecution will have to rely on the facts surrounding your arrest. Here are some examples of the facts that the prosecution may use to argue that you intended to sell the cocaine in your possession:
- The amount of cocaine you had in your possession
- Whether you had scales or other equipment used in the sale or distribution of drugs
- Whether the cocaine was separately packaged for individual consumption
- Cell phone records, traffic to and from your residence, and any other facts that may help them establish that you were in the business of selling drugs
Health and Safety Code section 11352 separately addresses selling, furnishing, transporting for sale, and related acts involving covered substances. A transport-for-sale charge does not require crossing a state line or county line; the statute separately specifies a higher term for transportation between noncontiguous California counties. Personal possession and transport for sale should not be conflated. Counsel should compare the alleged movement, sale purpose, substance and exact count with the evidence.
Other Cocaine-Related Charges
Being under the influence of a controlled substance is a separate potential count under Health and Safety Code section 11550; the state must prove the applicable substance and current influence, not merely possession. If driving is alleged, a separate Vehicle Code section 23152 count requires proof of impairment under its own rules. A first ordinary DUI sentence under Vehicle Code section 23536 has a county-jail maximum of six months; section 11550 and later DUI/prior-conviction situations have different ranges. Do not use one generic “up to one year” figure for both charges. Ask which subsection and prior allegations are filed.
Penalties
As mentioned earlier, simple possession is punishable by up to a year in county jail, but the penalties become more severe from there. Here is a summary of the possible penalties if you’re facing cocaine charges:
| Allegation | What to check | Statutory starting point |
|---|---|---|
| Simple possession | Knowledge, control and a usable amount; a prescription or other exception may matter. | HSC § 11350; generally up to one year in county jail, with listed prior-conviction exceptions. |
| Possession for sale | Intent to sell, not quantity alone; packaging, communications and other context may be disputed. | HSC § 11351; felony term of two, three or four years for covered substances. |
| Sale or transport for sale | Actual charged act and substance; crossing a county line is not an ordinary element. | HSC § 11352; separate higher term if transport is between noncontiguous counties. |
| Under the influence or drug-impaired driving | Physical symptoms, testing, timing, driving evidence and the specific separate charge. | HSC § 11550 or Vehicle Code § 23152; neither follows from possession alone. |
Keep in mind that in addition to jail or heavy fines, there are other serious consequences when convicted of a drug crime: damage to your reputation, loss of employment, and family stress being among the most difficult.
Defending Against Cocaine Charges
The most important thing to remember is that the prosecution has to prove beyond a reasonable doubt that you are guilty of the crime they have charged you with. A criminal defense lawyer in Los Angeles can help you put together the best defense possible to in order to get you a fair result. Common defenses to cocaine charges include the following:
- The police violated your constitutional rights by conducting an illegal search and seizure;
- The cocaine was not yours
- You didn’t know you had the cocaine
- You’ve been charged with transportation or sale in a simple possession case
- You were not under the influence of cocaine or any other illegal drug
Prosecutors are extremely aggressive in drug cases, and so it’s critical that you have a Los Angeles criminal defense lawyer fighting for your rights.
In some cases, it may be better to pursue a plea bargain than it is to raise a defense. A plea bargain agreement involves agreeing to plead guilty to the offense in return for the prosecutor recommending the judge impose a lenient sentence. In many cases, a plea bargain can help you avoid jail time or get you into a diversionary program that, if completed successfully, will result in the case against you being dropped.
Contact a California Drug Charges Defense Attorney Today
Questions About a Cocaine Charge
Does a packet or scale prove sale intent?
No single item is conclusive. Under a possession-for-sale theory, the state must establish knowledge, control and intent to sell; the amount, packaging, money, messages and personal-use context can be relevant. Counsel should seek the laboratory report, full search record and any expert basis for the officer’s opinion.
Does moving cocaine in a car always mean transportation for sale?
No. Current section 11352(c) defines “transports” in that section as transportation for sale. Driving with a personal-use amount may raise a possession allegation without satisfying sale intent. A separate noncontiguous-county term applies only if its facts and statute are established.
Can a possession case qualify for diversion?
Penal Code section 1000 lists certain qualifying simple-possession offenses and history conditions; possession for sale is a different charge. Current PC 1000 starts with a not-guilty plea and requires court approval, completion and a dismissal order. Treatment is not an automatic substitute for every cocaine count. Keep the complaint and ask for an individual eligibility review before any plea.
Evidence and Procedure in a Cocaine Case
Ask how the substance was collected, weighed and identified. A field test may prompt an arrest, but the laboratory report and chain of custody matter to proving the charged substance and amount. Residue and a usable quantity are different issues under CALCRIM possession instructions. If the report combines powder cocaine, cocaine base, or several packets, counsel should verify which item corresponds to which count and whether any statutory enhancement was actually alleged.
Next, trace control: who owned the car or room, who could access the container, where was the item found, and what statement does the prosecution rely on to show knowledge? A shared space does not automatically prove or disprove possession. A search motion depends on the warrant, consent, stop, arrest, and exceptions, not simply whether police found drugs. Preserve the warrant and inventory; do not rely on an officer’s verbal description of the legal basis.
Finally, separate each charge in the complaint. Simple possession, possession for sale, sale, transportation for sale, under-the-influence and drug-impaired driving ask different questions and can have different consequences. An offer to resolve “the drug case” may cover several counts. Counsel should review the proposed final statute, any diversion eligibility, immigration or license effects, and the written court order before a plea.
