Under federal laws, cocaine is a Schedule II controlled substance. Regarding cocaine, charges can be incurred on either the state or federal level, depending on the circumstances of your case.
A cocaine possession lawyer is the only way to get the criminal defense you need when facing these serious drug charges. You could face time in prison and massive fines, plus it can destroy your career and personal life.
In the state of Nevada, NAC 453.510 lists cocaine as a Schedule I drug, stating that this includes “cocaine base or free base, or a salt, compound, derivative, isomer or preparation thereof which is chemically equivalent or identical to such substances, and any quantity of material, compound, mixture or preparation which contains coca leaves, cocaine base or cocaine free base or its isomers or any of the salts of cocaine, except decocainized coca leaves or extractions which do not contain cocaine or ecgonine.”
Spartacus Law Firm is the attorney you need to help you stand up to the Nevada prosecutors. If you are facing cocaine possession charges, contact our experienced team today to help you with your defense.
What Constitutes Possession of Cocaine?
As a Schedule II drug, cocaine is highly addictive, though it is considered less addicting compared to Schedule I drugs like ecstasy and LSD. The prosecutor must demonstrate that you were in possession of cocaine.
Having actual possession of cocaine includes carrying it somewhere on your body, such as your pocket. They could attempt to prove constructive possession if it was in your apartment or the glove compartment of your car. However, a cocaine possession attorney can protect your rights.
In Nevada, you could be charged with a category E felony for unlawful possession if it is a first or second offense of cocaine; that means it was not for the purpose of sale. If it’s your third or any subsequent offense, you will face a category D felony charge.
An unlawful possession for sale is a category D felony for the first offense, a category C felony for the second offense, or if you have been previously convicted of a felony under the Uniform Controlled Substances Act. For further charges, the charge increases to a B felony.
The charges become more severe if you import, sell, transport, or manufacture cocaine. This would be considered trafficking, which is a category B felony when you knowingly engage in acts that traffic cocaine in amounts of four grams or more but less than 28 grams. For an amount of cocaine weighing over 28 grams, you will face a category A felony.
What Are the Penalties for Cocaine Possession?
Because the charge of possession of cocaine can have serious consequences and penalties, it is wise to work with a cocaine possession lawyer. Spartacus Law Firm knows how to find weaknesses in the prosecutors’ claims and can employ the right defense strategy. Contact us today if you face cocaine possession charges, as the punishments are severe.
Since every case is different, it will depend on the circumstances surrounding it and the charges you will encounter. If you are charged with a category E felony, you will face up to four years in prison and fines up to $5,000.
For category D felonies, it would be the same prison sentence as category E, with fines up to $20,000. The amount of prison time increases to five years with no probation or suspended sentencing for category C felonies plus fines up to $10,000.
Category B felonies are punishable by 3 to 15 years with no probation or potential of a suspended sentence and fines up to $20,000. If it’s your first violation, you will face at least one to six years in prison with the same amount in maximum fines.
However, if you face a second violation of a category B felony with cocaine, you can face two to 10 years in prison without probation or suspended sentencing. For the third or any subsequent cocaine violations, you will face three to 15 years in prison without probation or suspended sentencing. The more cocaine found in your possession, the greater the prison time and fines that will be imposed.
While all cocaine possession charges are serious and require the assistance of a cocaine possession lawyer in your defense, category A felonies are the most serious; they come with a life sentence or 25 years in prison. You must serve a minimum of 10 years before you can be eligible for parole. There will be no probation or suspended sentence, and the mandatory fines are up to $500,000.
Beyond these very serious allegations, you must remember that the federal government can also pursue charges involving any amount of cocaine. Mostly, this is in regard to trafficking, though it is important to know that both Nevada and the federal government will impose strict punishments on those that possess cocaine.