Cocaine Charges: Criminal Defense Lawyers in Missouri
Hire a Top Criminal Defense Lawyer for Your Drug Charges in St. Louis and St. Charles County.
In Missouri, cocaine is considered a Schedule II controlled substance, because unbeknown to some, it has been found by some organizations to have medicinal value, however, it is most known for its danger for addiction and abuse.
Cocaine is commonly found as a white powder substance which is most notably depicted in movies and TV shows as ingested through the nasal cavities, however, it can be used in other ways.
Almost all possession charges will result in a felony charge, which can have serious implications. Even more serious felonies may accrue if the amount of cocaine is large enough to warrant a Distribution charge. If you’re charged with possessing cocaine, you need someone who is has District Attorney drug training, who understands the law and is skilled in the courtroom.
Small Amounts of Cocaine Criminal Charges in Missouri
In the state of Missouri, possession of even small amounts of cocaine can result in serious criminal charges. In fact, depending on the amount and other factors such as prior convictions or intent to distribute, a person could be charged with anything from a misdemeanor offense to a felony charge that carries possible years in prison.
If you are found possessing more than 35 grams (1.2 ounces) of cocaine, you will face felony drug trafficking charges which carry potential penalties including prison terms ranging from 5-30 years and fines up to $250,000 for an individual offender
Possession with intent to distribute smaller quantities carries similar penalties but may include shorter sentences or probationary periods instead of jail time.
Those caught with less than 35 grams (1.2 ounces), can still face serious consequences if convicted on either a misdemeanor or felony drug possession charges. A conviction for simple possession of cocaine is typically classified as a Class C Felony punishable by up to 7 years in prison and/or fines up to $5,000 for individuals found guilty by jury trial; however, there is sometimes the possibility that the court may reduce it down to a Class D Felony which still carries potential punishment including 1-year imprisonment and/or fines up to $10,000 dollars upon successful completion of probationary period(s).
It is important for anyone facing any type of charge related to illegal drugs such as cocaine—including mere possession— call Krupp Law Firm immediately.
Cocaine Possession: D Felony
In 2017 the law in Missouri changed on possession of cocaine from a C felony to a D felony. Since Cocaine is classified as a Schedule II Controlled Substance under Missouri Law if you are accused of having possession of cocaine you will likely be charged with “Possession of a Controlled Substance.”
In Missouri, a person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by Missouri Law.
The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony. Thus, possession of cocaine regardless of how little and how pure may result in a D Felony charge.
Distribution of Cocaine: C to B Felony
In Missouri, a person commits the offense of delivery of a controlled substance if, except as authorized in this law he or she:
Knowingly distributes or delivers a controlled substance, attempts to distribute or deliver a controlled substance, knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided by law, the offense of delivery of a controlled substance is a class C felony.
The offense of delivery of a controlled substance is a class B felony if the delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or the person knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Therefore, in Missouri, if you are accused of distributing any amount of cocaine to a minor less than seventeen years old who is at least two years younger than you, then you may be charged with the more severe B-level felony which carries a considerably more harsh sentence than the regular distribution charge and contains a mandatory minimum prison sentence, unlike the possession charge.
Distribution of a Cocaine in a Protected Location: A Felony
In Missouri, a person commits the offense of distribution of a controlled substance in a protected location if he or she knowingly distributes, sells, or delivers any controlled substance, except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person with knowledge that that distribution, delivery or sale is: In, on, or within two thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school, or on any school bus; or in, on, or within one thousand feet of, the real property comprising a public park, state park, county park, municipal park, or private park designed for public recreational purposes, as park is defined; or in or on the real property comprising public housing or other government-assisted housing.
Therefore, any distribution of cocaine in a protected location as defined by Missouri law could result in a criminal charge which is an A level felony that carries with it a 10-year minimum prison sentence and could result in life in prison, depending on the circumstances.
How Krupp Law Firm Helps Your Case
Drug Courts and Treatment
St. Louis, St. Charles and other counties are putting a lot of emphasis on their drug and recovery courts. These courts are aimed at helping individuals who struggle with addiction, rather than prosecuting them. These courts are especially geared toward cocaine charges because of the rate of addiction and its dangers.
The Krupp Law Firm has handled many cases in which someone addicted to dangerous substances benefited greatly from these drug court treatment plans and can help you decided if the program is right for your situation.