Colorado is known in the United States to have relatively lax drug laws. Unfortunately, that doesn’t mean possessing or selling controlled substances is legal. Knowingly using, possessing or selling certain substances can result in life-altering penalties. Cocaine is one of them and is classified as a Colorado and federal Schedule II drug. That means the penalties for the crime will be harsh since the government considers the drug to have a high potential for abuse.
If the judge convicts you of cocaine possession, you could face up to a year in county jail. You could also face collateral career consequences because of your conviction on top of that. With so much to lose, it’s important you don’t wait another moment to build your defense. If you or someone you know has been charged with possession of cocaine, it’s crucial you contact an experienced and aggressive drug defense attorney as soon as possible.
Colorado Springs Cocaine Defense Attorney in CO
Fighting drug allegations can feel overwhelming especially if you’re not well-acquainted with the legal system. Thankfully, you have a right to hire knowledgeable legal counsel if you choose to under the U.S. Constitution. For effective and efficient counsel, we suggest you get in contact with the drug possession attorneys at Law Offices of Clifton Black, PC in Colorado Springs.
The attorneys at Law Offices of Clifton Black, PC have been defending clients from drug crimes collectively for decades. Not only do they understand the law surrounding drug use, but they have an in-depth knowledge of the science behind it. Our seasoned attorneys can utilize their acquired skills and legal techniques to get the best possible result for your case.
You can schedule your first appointment with Law Offices of Clifton Black, PC by calling (719) 328-1616. At the consultation, we can sit with you and discuss the next best strategic step for your case. Law Offices of Clifton Black, PC accepts clients throughout the greater El Paso County and Colorado Springs area including Monument, Black Forest, Falcon, Calhan, Manitou Springs, and Peyton.
- Penalties for Possessing Cocaine in CO
- Aggravated Cocaine Possession Penalties in CO
- Unlawful Use of Cocaine in CO
- Additional Resources
Penalties for Possessing Cocaine in Colorado
For years, possession of cocaine resulted in a felony because it was considered a Schedule II drug. However, a new law that passed on March 1st, 2020 went into effect establishing that simple possession of the substance cocaine will result in a level 1 drug misdemeanor. The maximum sentence you can receive for possessing cocaine in the state of Colorado is:
- Up to 18 months in jail; and/or
- A fine of at least $500, but maxed out at $5,000
The court can instead impose probation if they deem fit. Often first-time offenders or those with little to no criminal history are offered probation by the prosecution. If offered probation, you will have to face the following penalties:
- Up to 180 days of jail time; and/or
- A possible fine of up to $1,000
If it’s your third offense, the prosecution may still offer you probation as an alternative to jail. However, you will be required to spend up to 364 days in jail if it’s your third conviction. You will then be required to complete the rest of your sentence through community supervision.
A fourth or subsequent conviction for cocaine possession will lead to a level 4 drug felony. The maximum punishment you can receive for a level 4 drug felony includes:
- Up to 12 months in prison;
- Plus 12 months of parole; and/or
- A possible fine of up to $100,000
Penalties for Aggravated Cocaine Possession in CO
If certain circumstances are proven to be true at trial, then you could be subject to longer sentences for drug felonies than you otherwise would be. This includes a possible mandatory prison sentence. Factors that require mandatory sentencing in Colorado’s aggravated range for drug felonies can be found listed below.
- You were on parole for another felony at the time you committed the crime;
- You were at the time on probation or bond and were waiting for sentencing following revocation of probation for another felony;
- You were at the time confined in prison or any other correctional institution as a convicted felon;
- You were an escapee form a correctional institution for another felony at the time;
- You’re on an appeal bond following conviction for a previous felony;
- You were at the time on probation for, or on bond while awaiting sentencing following revocation of probation for, a delinquent act that would have been charged as a felony if it was committed by an adult
Additionally, the court has the discretion to impose an aggravated sentence on if any of the following is proven without a reasonable doubt.
- You were charged with or on bond for a different felony and you were convicted;
- You were charged with or on bond for a delinquent act that would have been classified as a felony if you were an adult;
- You were at the time on bond and pled guilty to a lesser offense when you were charged with a drug felony;
- You were at the time under deferred judgement and sentence for a different felony;
- You were at the time on bond in a juvenile prosecution case and pled guilty to a lesser delinquent act when you were committing the drug felony;
- You were under deferred judgement and sentence for a delinquent act that would have been charged as a felony if you were an adult; or
- You were on parole after being adjudicated as a delinquent child for a crime that would be considered a felony if it was committed by an adult
Cocaine possession can result in a level 4 drug felony after the fourth or subsequent offense. An aggravated level 4 drug felony sentence is up to 2 years in prison. This is double the typical prison sentence a person would receive for felony possession.
Penalties for Unlawful Use of Cocaine
The state of Colorado is unique as it charges drug crimes for unlawful use as well as possession. So, if you’re caught using cocaine or any illegal controlled substance you could have criminal charges filed against you. Unlawful use of cocaine in Colorado is a level 2 drug misdemeanor, which can result in the following penalties:
- Up to 12 months in county jail; and/or
- Up to $750 in fines
However, if you’re new to the criminal justice system you’ll likely face lighter penalties. They may instead put you on probation for up to 12 months as an alternative to prison. However, you may be required to spend possibly up to 120 days in jail before you start your probation. You will still be fined as an additional punishment by the court of up to $500.
Drug Police Alliance | Colorado – Visit the official website for the Drug Police Alliance, which is composed of a group of individuals who believe that the war on drugs must end in the United States. Access the site to learn more about how drug policies harm communities, disenfranchise people and otherwise harm millions.
Colorado Drug Laws 2020 – Visit the official website for the Colorado Revised Statutes and look at their laws for drug possession. See how the new HB 19-1263 bill has changed the penalties for certain drug crimes, the elements of possession itself and other related information.
Cocaine Possession Attorney in Colorado Springs, CO
If you’ve been arrested for possession of cocaine or any controlled substance, it’s crucial you have legal representation ready. The penalties for cocaine possession are nothing to laugh about and if the judge imposes an aggravated sentence you could be facing double jail or prison time. With such risky penalties, our suggestion is to get in contact with the drug defense attorneys at Law Offices of Clifton Black, PC in Colorado Springs.
With over decades of experience, our Colorado drug possession and trafficking lawyers knows what it takes to fight serious charges. Don’t lose another moment that could have been dedicated to building your defense. Call Law Offices of Clifton Black, PC now at (719) 328-1616 to set up your first consultaiton free of charge. Law Offices of Clifton Black, PC accepts clients throughout the greater El Paso County and neighboring counties including Pueblo County, Teller County, and Douglas County.