Cocaine Possession For Sale Lawyer in Torrance
Charged With Selling Cocaine In the South Bay and Los? What Now?
Being accused of selling cocaine, also referred to as crack, is serious. When you are charged with possession of cocaine for sale, you could be looking at years of incarceration. If you or someone you know has been arrested for selling cocaine, you need to know about this charge.
Facing Cocaine Possession for Sale Charges? Don't wait—protect your future. Contact us today at (310) 361-3068 for a confidential consultation.
Possession of Cocaine For Sale in Torrance Cocaine, CA
Possessing cocaine with the intent to sell is considered a felony offense. The prosecution doesn’t necessarily have to prove that you actually sold it — just that you intended to sell it. They will look for evidence that you planned to sell the drugs, such as the packaging of the cocaine, weighing scales and other factors that might indicate you may be selling the narcotic. If you are found guilty, you could be fined and imprisoned. If federal prosecutors charge the crime, you could be facing an even harsher punishment.
You should also be aware that manufacturing cocaine could lead to a longer time behind bars. The same applies to cutting cocaine. It is important that you seek legal help immediately if you are accused of selling, manufacturing, or cutting cocaine.
Legal Defenses for Cocaine Possession for Sale
Being charged with possession of cocaine for sale is a serious offense, but a strong legal defense can help fight the charges. An experienced attorney can challenge the prosecution’s case and work to get the charges reduced or dismissed.
Some common defense strategies include:
- Challenging the prosecution’s evidence – The prosecution must prove beyond a reasonable doubt that you intended to sell the cocaine. If there is weak or circumstantial evidence, your lawyer may argue that there is no proof of intent to sell.
- Illegal search and seizure – If law enforcement obtained evidence through an unlawful search, it may violate your Fourth Amendment rights. For example, if police searched your home or vehicle without a warrant or probable cause, your attorney may be able to get the evidence thrown out.
- Lack of intent to sell – Possessing cocaine does not necessarily mean you planned to sell it. Your attorney can argue that the drugs were for personal use, not distribution. Factors such as the absence of scales, packaging materials, or large amounts of cash may support this defense.
Differences Between Simple Possession and Possession for Sale
California law distinguishes between possessing cocaine for personal use and possessing it with intent to sell. The difference can significantly impact sentencing.
- Key factors that determine the charge – Police and prosecutors consider elements such as the quantity of cocaine found, how it was packaged, and whether there was drug paraphernalia, such as scales or baggies.
- How evidence affects your case – If the cocaine was in small amounts and no selling-related items were found, you may face a simple possession charge. However, if large amounts were discovered along with packaging materials, the prosecution may argue that you intended to distribute the drugs.
- Penalties – Simple possession is usually charged as a misdemeanor and may qualify for a drug diversion program. Possession for sale, however, is a felony and carries much harsher penalties, including prison time.
California Cocaine Laws and Sentencing Guidelines
Understanding how California classifies cocaine-related offenses is crucial when facing charges.
- Classification of offenses – Possession for personal use is generally a misdemeanor, while possession with intent to sell is a felony. More severe charges apply if there is evidence of drug trafficking.
- Mandatory minimum sentences – A conviction for possession for sale can result in years of imprisonment, depending on the amount of cocaine and any prior criminal history.
- Alternative sentencing options – In some cases, defendants may qualify for drug diversion programs or rehabilitation instead of jail time, particularly for first-time offenses.
Frequently Asked Questions (FAQ) About Cocaine Possession for Sale
Can I be charged with possession for sale even if I never sold cocaine?
- Yes. You do not have to be caught in the act of selling cocaine to face possession for sale charges. Prosecutors can argue that the intent to sell was present based on factors like packaging, the presence of large amounts of cash, or scales.
Will a possession for sale charge affect my ability to get a job?
- A felony conviction for possession with intent to sell can make it more difficult to find employment, as many employers conduct background checks. Some industries, such as healthcare and education, have stricter policies on hiring individuals with drug-related convictions.
Can I get my possession for sale charges reduced to simple possession?
- In some cases, yes. If your attorney can argue that the drugs were for personal use rather than distribution, the court may reduce the charges to simple possession, which carries lighter penalties and may qualify for diversion programs.
What happens if I was caught with cocaine but it wasn’t mine?
- If you were arrested but the cocaine belonged to someone else, your lawyer may be able to challenge the charges by proving lack of ownership or knowledge of the drugs. The prosecution must prove that you had control over the substance.
Can I expunge a possession for sale conviction from my record?
- Expungement may be possible in some cases, but felony possession for sale charges are more difficult to clear than simple possession convictions. Your eligibility will depend on the specifics of your case and whether you completed probation or other sentencing requirements.
Charged with a Drug Crime? You have legal options. Contact us now at (310) 361-3068 to discuss your defense strategy.
