What is possible jail time for first offense possession of cocaine and possession with intent to distribute? 9 Answers as of December 12, 2011

What is possible jail time in California for first offense, possession of one ounce, cocaine and possession with intent to distribute?

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Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
In California, possession with intent to sell is a serious felony. A felony charge holds a sentence of more than one year in state prison. If this is your first offense, you MAY be eligible for a drug diversion program if the sales charge gets dropped. It is very important that you hire an attorney to try and mitigate the charges.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The sentence for possession for sale of cocaine is two years, three years or four years. For a first time offence with no other aggravating actions he would probably receive two years.
Answer Applies to: California
Replied: 12/7/2011
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
Two years, three years or four years, but a first offender is entitled to probation.
Answer Applies to: California
Replied: 12/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Simple possession is a felony punishable by up to three years in prison. One is eligible for a diversion program however and also Prop 36 treatment which if completed successfully would result in an ultimate dismissal. (you have to plead guilty first though). Possession for sale though does not carry such eligibility and is a felony punishable by up to 4 or 5 years in prison. A first offender might get probation but could still serve up to 1 year in the county jail.
Answer Applies to: California
Replied: 12/7/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Maximum time is 4 years state prison. The actual time in this case would depend on not only the lack of record but the circumstances surrounding the arrest.
Answer Applies to: California
Replied: 12/7/2011
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    16 months, 2 years, or 3 years in state prison.
    Answer Applies to: California
    Replied: 12/7/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    For possession for cocaine (not cocaine base), the basic maximum sentence is 3 years. For possession with intent to distribute the maximum is 4 years. You can't get sentenced on both if we're talking about the same, single quantity of drugs. Under the new Re-alignment Act that went into effect on October 1, 2011, we are talking about a "county jail felony" now, not state prison. And, depending on the circumstances and the actual charge, Prop 36 drug treatment instead of custody is also an option is there is a finding that this was for "personal use." But, that is a lot of drugs - usually considered more than for "personal use," which might make the DA skittish about offering simple possession. And the exact amount is important as well: if the amount of cocaine is over 28.5 grams the person is probation ineligible except in unusual circumstances. My advice is to get a good criminal defense attorney who can help you through this rather serious drug offense.
    Answer Applies to: California
    Replied: 12/7/2011
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    Your potential sentence could range from local time / probation or even Prop 36 if DA is willing to be flexible all the way up to state prison. Your exposure in state prison will depend on the volume and any priors.
    Answer Applies to: California
    Replied: 12/7/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Possession for sales of cocaine carries up to 4 years in custody; possession of crack cocaine for sale carries up to 5 years. What a person might get depends on the facts, their record (if any) and what the prosecution can prove against them. From there, it depends on what their attorney can work out on their behalf... or if they can beat the charges.
    Answer Applies to: California
    Replied: 12/7/2011
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