In California, possession of cocaine is considered a misdemeanor if the amount is 28.5 grams or less. If someone is found with more than 28.5 grams of cocaine, they could face felony charges.
What are the Penalties for Possessing Cocaine in California?
If someone is found in possession of 28.5 grams or less of cocaine in California, they could face the following penalties:
- Up to 1 year in county jail
- Fines up to $1,000
- Probation
- Mandatory drug counseling
If the amount of cocaine in possession exceeds 28.5 grams, the penalties become more severe and could include:
| Amount of Cocaine | Possible Penalty |
|---|---|
| Between 28.5 grams and 10 kilograms | 3-5 years in state prison and fines up to $20,000 |
| More than 10 kilograms | Up to 9 years in state prison and fines up to $50,000 |
Can a Misdemeanor Charge be Expunged in California?
Yes, a misdemeanor charge can be expunged in California if certain conditions are met. The individual must have completed probation, paid all fines, and not have committed any additional crimes.
Can a Misdemeanor Charge Affect Employment in California?
Having a misdemeanor charge on your record can affect your ability to secure certain types of employment in California. Employers may consider the nature of the offense and how recently it occurred when making hiring decisions.
Is Possession of Cocaine a Federal Crime?
Yes, possession of cocaine is illegal under federal law in the United States. Individuals caught with cocaine could face federal charges and penalties.
Can Juveniles be Charged with Cocaine Possession in California?
Yes, juveniles can be charged with cocaine possession in California. The penalties and procedures may differ from those for adults, with a greater emphasis on rehabilitation.
What Can A Defense Attorney Do in a Cocaine Possession Case?
A defense attorney can help individuals facing cocaine possession charges in California by building a strong defense strategy, negotiating plea deals, and representing them in court proceedings.
Can Possessing Drug Paraphernalia Lead to Misdemeanor Charges in California?
Yes, possessing drug paraphernalia such as pipes, needles, or scales can lead to misdemeanor charges in California, even if no drugs are present. The penalties for possession of drug paraphernalia can include fines, probation, and mandatory drug counseling.
In conclusion, understanding the laws and penalties surrounding possession of cocaine in California is crucial for individuals to navigate the legal system effectively. Being informed about the amount of cocaine considered a misdemeanor, the potential penalties, and the role of defense attorneys can help individuals facing these charges make informed decisions.