Las Vegas Cocaine Possession Attorney

Possession of Cocaine

One of the most common drug charges in Las Vegas is possession of a controlled substance. According to Section 453.336 of the Nevada Revised Statutes, it is against the law to knowingly or intentionally possess a controlled substance without a valid prescription.

Unlike marijuana, cocaine is an illegal substance throughout the country. Cocaine also is known as powder, blow and coke. In most instances no matter who is caught in possession of the substance, he or she could face serious charges. Schedule I drugs often carry critical consequences.

Possession is defined in two ways: actual or constructive possession. Actual possession means the person physically possessed the substance, such as in his or her hand or clothing. Constructive possession is a little more complicated. It simply means the person had knowledge of the substance and had the ability to possess it.

For instance, if a person is stopped by a police officer and he or she is found to have cocaine under the seat in the vehicle, it could be argued this is constructive possession. According to Section 453.337 of the Nevada Revised Statutes, a first offense could be considered a Category D felony, which is punishable by up to four years in prison, a fine of up to $5,000 or both.

A second offense could be a Category C felony, punishable by up to five year in prison, a fine of up to $10,000 or both. A third or subsequent offense could be considered a Class B felony, which could carry between three and 15 years in prison and a fine of up to $20,000 for each offense.

Possession with Intent to Deliver Cocaine

In Nevada, it also is a crime to knowingly or intentionally possess a controlled substance with the intent to sell it, according to Section 453.322 of the Nevada Revised Statutes. This charge could be considered a Category B felony, which could carry up to 15 years in prison, a fine of up to $100,000 or both.

This charge can be a little tricky because law enforcement officers have to use a variety of factors to prove a person intended to sell the narcotic. For example, if a person is stopped with a large amount of cocaine, as well as packaging materials, cash and weapons, police could argue he or she intended to sell or distribute the narcotic.

Cocaine Trafficking in Nevada

Any person, who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of cocaine or another Schedule 2 substance, can be charged with trafficking, according to Section 453.3385 of the Nevada Revised Statutes.

Penalties for the offense include:

• Four to 14 grams — Category B felony; up to six years in prison and a fine up to $50,000
• Fourteen to 28 grams — Category B felony; up to 15 years in prison and a fine up to $100,000
• Twenty-eight grams or more — Category A felony; life in prison with the possibility of parole after 10 years have been served or 25 years in prison with the possibility of parole after 10 years have been served with a fine up to $500,000.

Federal Cocaine Charges

Most often, cocaine charges will be applied at the state level. However, in some cases, a person could face federal charges for cocaine offenses, depending on the crime or crimes that allegedly were committed. Federal charges usually are more severe and the penalties are enhanced.

Possession, selling and trafficking of cocaine all is a criminal offense under both state and federal law. Federal agencies typically do not become involved in the prosecution of those who violate the law unless large amounts of the substance are involved or if the offense is committed across several states.

However, this does not mean a person in possession of a small amount should feel invincible. There are several other ways in which a person could be charged with a federal crime, including if he or she attempts to sell the substance to an undercover agent or if he or she is in possession of the drug on federal property.

Finding the Best Cocaine Defense Lawyer in Nevada

If you have been charged with a cocaine offense in Las Vegas, contact Nevada cocaine defense attorney Michael Pariente at Pariente Law Firm, P.C.. He is a skilled criminal defense attorney with more than 15 years of experience handling a variety of drug cases. He knows how to get a favorable outcome in your unique case. Call (702) 966-5310 today.