What is the charge for crack cocaine? 43 Answers as of July 08, 2013

What is the charge for crack cocaine?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It could be a federal or state charge and depends on the quantity, whether there was alleged possession at the time of the offense, whether there was alleged distribution involved, and a person's prior history. I'd recommend you retain a lawyer, or request the court to appoint you one at the public's expense, if you are charged, to help you.
Answer Applies to: Michigan
Replied: 1/4/2012
Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
Possession of crack cocaine ranges on the amount of crack cocaine involved as well as the date of the offense. Without knowing the amount of crack cocaine you are asking about, it is impossible to give a specific answer, but if you have any cocaine, it is an automatic felony.
Answer Applies to: Ohio
Replied: 1/3/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Impossible to answer this question. Are you talking about poessession or selling and what quantities and what is the record of the person etc.
Answer Applies to: New York
Replied: 7/8/2013
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Could be possession or possession with intent to distribute depending upon the circumstances.
Answer Applies to: Kansas
Replied: 12/27/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
11350(a) Possession of a controlled substance 1 year 4 months, 2 years, 3 years .
Answer Applies to: California
Replied: 12/20/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Possession Class B.
    Answer Applies to: Massachusetts
    Replied: 12/20/2011
    Jon M. Martinez Criminal Law Group | Jon M. Martinez
    Crack cocaine is considered a narcotic drug and possession of a narcotic drug is classified as a class 4 felony offense in Arizona. If you have no prior convictions, a class 4 felony usually has a presumptive of 2.5 years in prison and a maximum of 3.75 years in prison. You are also eligible for probation for a maximum of 4 years with fines and community service generally being required. However, in a case of simple possession of narcotic drugs with no criminal history, you will likely fall within the guidelines of prop 200 which would allow you to avoid jail or prison time if certain requirements are met. It may even be possible for you to enter into a diversion program that would keep a felony conviction off of your record so long as certain requirements are met, which include successfully completing drug testing and drug treatment.
    Answer Applies to: Arizona
    Replied: 12/20/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That depends on two things what was being done with it and how much it weighed. Simple possession on cocaine carries 4 years in prison while possession with intent to deliver less than 20 grams carries 20 years at a minimum. Higher amounts can carry higher punishment.
    Answer Applies to: Michigan
    Replied: 12/19/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Possession of controlled substance, possession with intent to distribute, or delivery of a controlled substance. I assume you are asking what I can get for possessing crack cocaine. For a misdemeanor, 0-6 months. For a felony, 0-5 years. You really have to be more specific.
    Answer Applies to: Wyoming
    Replied: 12/19/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    In state court? It is the same whether powder or crack and it is based on weight. But, it is always a felony.
    Answer Applies to: Texas
    Replied: 12/19/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    For possession for personal use only it is HS 11350. For possession for sale it is HS11351.5
    Answer Applies to: California
    Replied: 12/19/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    It is a misdemeanor to possess less than 500 milligrams. Over that amount is a D felony. If you possess a lot of small bags or viles of crack the police may charge you with Possession with Intent to Sell, which is a B felony. You can get up to 9 years on a B felony and with a prior violent felony the mandatory is 6 years. Simple possession is usually just probation or drug treatment. If you are using or selling crack you will find out very soon what a bad decision that is.
    Answer Applies to: New York
    Replied: 12/19/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Crack got lowered to just normal cocaine amounts. So whatever is the weight for normal cocaine. Always a felony, just depends on how much.
    Answer Applies to: Texas
    Replied: 12/16/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for possession of crack cocaine is not less than one year and one day nor more than 10 years in prison, if this is a first offense.
    Answer Applies to: Alabama
    Replied: 12/16/2011
    Law Office of Jason D. Baltz | Jason Daniel Baltz
    That is a complicated question and the answer to which depends on whether the person with the crack cocaine was selling, manufacturing with intent to deliver, or just simply possessing. Below please find the chart for the manufacturing, selling and possessing. Also, please keep in mind that there are a number of factors that would go into a charge, such as was the crack being sold within 1,000 of a park, school, government building, etc. If so, then the maximum exposure could increase by 5 years. Wisconsin Statute 961.41(1)(cm) discusses manufacturing with intent to deliver or distribute. If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, and the amount manufactured, distributed, or delivered is: 1g. One gram or less, the person is guilty of a Class G felony. 1r. More than one gram but not more than 5 grams, the person is guilty of a Class F felony. 2. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony. 3. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony. 4. More than 40 grams, the person is guilty of a Class C felony. Wisconsin Statute 961.41(1m)(cm) discusses possession with intent to manufacture, deliver or distribute. It states that the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, and the amount possessed,with intent to manufacture, distribute or deliver, is: 1g. One gram or less, the person is guilty of a Class G felony. 1r. More than one gram but not more than 5 grams, the person is guilty of a Class F felony. 2. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony. 3. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony. 4. More than 40 grams, the person is guilty of a Class C felony. Simple Possession or attempted Possession: If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offenders conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
    Answer Applies to: Wisconsin
    Replied: 12/16/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Possession of Controlled Dangerous Substance.
    Answer Applies to: Oklahoma
    Replied: 12/16/2011
    Allan & Summary
    Allan & Summary | Justin Summary
    Possession of a controlled substance is a class C felony which carries a range of punishment from 1-7 years in the department of corrections. The range of punishment can be increased if the defendant has prior convictions.
    Answer Applies to: Missouri
    Replied: 12/16/2011
    Law office of Robert D. Scott | Robert Scott
    Possession of a controlled substance.
    Answer Applies to: Maryland
    Replied: 12/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer may depend on the amount of the contraband that you have in your possession and whether there was any associated equipment to indicate a sale. For a small amount, the charge is a felony fifth degree possession offense. It is punishable, with no prior drug offenses, by up to five years in prison or to payment of a fine of not more than $10,000. the offense is serious and you should retain legal counsel.
    Answer Applies to: Minnesota
    Replied: 12/16/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    "Crack cocaine" is simply a form of cocaine. Simple possession of small amounts is the lowest class of felony (probation or 1-3 years prison). Larger amounts or evidence of intent to deliver or sell lead to larger penalties. Speak to an attorney.
    Answer Applies to: Illinois
    Replied: 12/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The charge would depend on the quantity in possession and whether there could be an intent to deliver. Any charge would be a felony.
    Answer Applies to: Michigan
    Replied: 12/16/2011
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    If it is your first offense AND the amount was small, you are looking at 2-15 years. To avoid as much jail time as possible, you need an attorney right away. This is a serious charge!
    Answer Applies to: Georgia
    Replied: 12/16/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends on what type of cocaine charge. If it's possession of less than 25 grams, it's a felony with a maximum penalty of four years in prison. The more grams you have, the higher the potential penalties and there is mandatory minimum prison time if you have a certain amount. If you are dealing, the penalties are even higher and more serious. If you are charged with or accept a plea for the lesser charge of cocaine use, it's a misdemeanor with a maximum penalty of one year in jail. Cocaine charges are very serious and you need to have experienced representation.
    Answer Applies to: Michigan
    Replied: 12/16/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, in Georgia, the potential charges include, among others, possession, possession with intent to distribute, and distributing cocaine base. The amount generally helps determine the potential sentence.
    Answer Applies to: Georgia
    Replied: 12/16/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Possession of cocaine is the charge. If you are asking how much the attorney's fees are to defend such a charge, it depends on where the arrest was, the amount of cocaine, the defendant's record and various other factors.
    Answer Applies to: Georgia
    Replied: 12/16/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Need more facts. There are several charges possible. Simple possession, possession for.sale, sales, transport. Potential penalties are all the way to prison. How long could depend on the defendant's record or lack of one as well as the specific facts of the case.
    Answer Applies to: California
    Replied: 12/16/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    For possession, Health & Safety code section 11350, possession for sales 11351.5, and sales 11352.
    Answer Applies to: California
    Replied: 12/16/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    It depends on the amount of cocaine the defendant is alleged to have possessed. A minor amount can be a misdemeanor, but a large amount would be a felony.
    Answer Applies to: Georgia
    Replied: 12/16/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It depends on the amount. You can be charged with anything from a 1st Degree Violation of Controlled Substance Law to a 5th Degree. If it is a 1st or 2nd degree the presumptive sentence is a prison commit even with a clean record. If it is a 3rd or 5th Degree then it would be a probation sentence with a clear record.
    Answer Applies to: Minnesota
    Replied: 12/15/2011
    Aaron Black Law
    Aaron Black Law | Aaron Black
    It is a class 4 felony in Arizona. However, it falls under prop 200. This means if you have no prior drug convictions and no prior violent offenses the crime is probation mandatory. The problem is a felony conviction.
    Answer Applies to: Arizona
    Replied: 12/15/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    A simple possession of crack cocaine in State court is Criminal Possession of a Controlled Substance in the 7th Degree, a class A misdemeanor punishable up to one year in jail. Depending on the amount of drug possessed and whether or not there is evidence that the accused possessed the drug with intent to sell it, the charges can be increased to felony charges.
    Answer Applies to: New York
    Replied: 12/15/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Straight possession of crack cocaine is a third degree crime that carries up to five years in state prison.
    Answer Applies to: New Jersey
    Replied: 12/15/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If you possess Crack cocaine the charge is usually (depending on the weight) a Third Degree Felony of Possession which carries up to five years in prison but mostly results in probation for first time offenders. If you are buying or selling or delivering Crack Cocaine then it is a Second Degree Felony punishable by up to fifteen years in prison and usually results in Community Control for first time offenders and some prison for others. If the weight is of "Trafficking" amounts then you face up to 30 years in prison and there is depending on the weight a three year to twenty five year minimum mandatory of imprisonment.
    Answer Applies to: Florida
    Replied: 12/15/2011
    Law Offices of Mitch Furman | Mitch Furman
    Depending on amount crack cocaine can be anywhere from class 4 felony, up to class x.
    Answer Applies to: Illinois
    Replied: 12/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It is unlawful possession of Cocaine unless you're dealing it. Then it's unlawful possession with intent to deliver.
    Answer Applies to: Washington
    Replied: 12/15/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    Possession of a controlled dangerous substance (CDS) not marijuana.
    Answer Applies to: Maryland
    Replied: 12/15/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    That depends on whether you are charged with possession or distribution. Possession in Utah is a third degree felony, which has a maximum of 0-5 years in the Utah State prison and a fine. If you are charged with distribution it is a second degree felony, which has a maximum penalty of 1-15 years in the prison and a fine. Either can be enhanced if you have prior drug charges.
    Answer Applies to: Utah
    Replied: 12/15/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Possession of a controlled substance or Possession With Intent to Deliver are the normal charges. I think you might mean what is the sentence, and for that you will have to provide more details.
    Answer Applies to: Pennsylvania
    Replied: 12/15/2011
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    In Illinois, there is no separate charge for crack cocaine as opposed to powdered cocaine under Illinois law.
    Answer Applies to: Illinois
    Replied: 12/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Possession of cocaine, possession with intent to distribute cocaine, trafficking in cocaine, possession of contraband beyond the guard line, possession of drugs on school property, distribution of drugs within 1000 feet of a school, there are plenty of crack cocaine charges. Put your money together for the lawyer when you start to play, or find another game.
    Answer Applies to: Georgia
    Replied: 12/15/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    For possession is it Health and safety code 11350. For possession for sales it is Health & safety code 11351.5.
    Answer Applies to: California
    Replied: 12/15/2011
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