Los Angeles Cocaine Possession Lawyer

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Cocaine Possession Lawyer in Los Angeles

If you have been charged with cocaine possession in Los Angeles you need to understand immediately what charge was actually filed and what your options are. Many people charged with cocaine possession do not realize that Proposition 47 reduced simple possession from a felony to a misdemeanor for most first and second time offenders and that diversion programs may be available that can result in the charge being dismissed entirely with no conviction on your record. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against cocaine and drug charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Cocaine Possession Charges in California — What You Are Facing

Cocaine possession in California is governed by Health and Safety Code 11350(a) which covers both powder cocaine and cocaine base commonly known as crack cocaine. Under Proposition 47 simple possession of cocaine for personal use is a misdemeanor for most defendants with no prior convictions for serious or violent felonies. A misdemeanor conviction under HSC 11350 carries up to one year in county jail and fines. The charge becomes a felony when the defendant has prior convictions that disqualify them from Proposition 47 treatment or when the prosecution believes the cocaine was possessed for sale rather than personal use.

Crack cocaine and powder cocaine fall under the same statute but prosecutors and law enforcement treat them differently in practice. Crack cocaine cases are pursued more aggressively at the charging and sentencing level even though the legal framework is identical. When crack cocaine is involved prosecutors are more likely to allege possession for sale based on smaller quantities and are more likely to seek felony treatment. Our criminal defense attorney addresses the crack versus powder cocaine distinction in every HSC 11350 case because it directly affects how the charge is filed and what the defense strategy needs to accomplish.

Cocaine Possession vs Possession for Sale — The Critical Distinction

The most important issue in most cocaine possession cases is whether the prosecution files the charge as simple possession under HSC 11350 or possession for sale under HSC 11351. Simple possession is a misdemeanor under Proposition 47 in most cases and carries diversion eligibility. Possession for sale under HSC 11351 is a felony carrying 2, 3, or 4 years in state prison with no misdemeanor option and no diversion pathway. That distinction is the difference between a charge that can be dismissed through treatment and a felony conviction that follows you permanently.

Law enforcement uses the quantity of cocaine recovered, how it was packaged, whether scales or baggies were present, large amounts of cash, text messages on the defendant’s phone suggesting sales activity, and the location where the cocaine was found to argue possession for sale. Our criminal defense attorney challenges every factor the prosecution relies on to elevate the charge from HSC 11350 to HSC 11351. When the quantity was consistent with personal use, when the packaging was ambiguous, or when the prosecution’s sales theory is built on circumstantial evidence the charge can be reduced to simple possession with diversion eligibility restored. That reduction is often the most important outcome the defense can achieve in a cocaine case.

Transportation and distribution of cocaine under HSC 11352 is a separate felony charge carrying 3, 4, or 5 years in state prison that is filed when law enforcement believes the defendant was moving cocaine for distribution purposes rather than simple personal possession. When HSC 11352 is charged alongside HSC 11350 the combined exposure is significantly higher and the defense must address both charges from the outset.

Diversion Programs for Cocaine Possession in Los Angeles

For clients charged with simple cocaine possession under HSC 11350 diversion is one of the most valuable outcomes available. Penal Code 1000 pretrial diversion allows eligible defendants to complete a drug education or treatment program and have the charge dismissed entirely upon successful completion with no conviction on their record. Proposition 36 diversion allows first and second-time nonviolent drug offenders to receive treatment instead of incarceration. Both programs require the defendant to have no prior drug sales convictions and to be charged with possession rather than possession for sale. A successful diversion completion means no conviction, no permanent record, and no long-term consequences from the arrest.

Diversion eligibility is not automatic and pursuing it effectively requires early engagement with prosecutors and the court. Getting a criminal defense attorney involved before the filing decision is made creates the opportunity to position the case for diversion from the start rather than fighting for it after the prosecution has already committed to a different approach.

How We Defend Cocaine Possession Charges in Los Angeles

The defense in every cocaine possession case starts with how law enforcement found the drug. Most cocaine possession arrests begin with a traffic stop or a search of a vehicle, home, or person. When the stop lacked reasonable suspicion or the search lacked probable cause the cocaine can be suppressed through a Fourth Amendment motion and without the physical evidence the prosecution cannot proceed. Our criminal defense attorney analyzes the legality of every stop and search from the first consultation because suppression is the most direct path to dismissal in possession cases.

When the search was lawful the defense focuses on whether the prosecution can actually prove knowing possession, whether the quantity and circumstances genuinely support a sales theory or are more consistent with personal use, and whether the defendant qualifies for diversion. In crack cocaine cases specifically our criminal defense attorney challenges any attempt to use the form of the cocaine as an automatic indicator of sales intent because HSC 11350 applies equally to both forms of the drug and the prosecution must establish sales intent through actual evidence not assumptions about the substance involved.

For non-citizen clients the immigration consequences of a cocaine conviction require immediate analysis alongside the criminal defense strategy. A cocaine possession conviction under HSC 11350 is classified as a drug abuse offense under federal immigration law and can trigger deportation proceedings and permanent inadmissibility regardless of whether the conviction was a misdemeanor. The immigration consequences of a cocaine charge are often more permanent than the criminal sentence and our criminal defense attorney addresses both simultaneously from the first consultation.

Contact a Los Angeles Cocaine Possession Lawyer Today

Attorney Arash Hashemi has defended clients against cocaine possession and drug charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office at each filing location approaches HSC 11350 cases, which diversion programs are available at each court, and where the defense has the most leverage from the filing decision through trial. Every case is handled personally by Attorney Hashemi with no associates and no handoffs. When you retain our firm you work directly with the attorney defending your case from the first call through resolution.

If you have been charged with cocaine possession in Los Angeles contact our office today. Our criminal defense attorney will review the facts of your arrest, analyze the evidence, discuss your diversion options, and give you an honest assessment of where your case stands and what can be done. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing cocaine possession and drug charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.