If you have been arrested and charged with a cocaine related criminal offense in the State of Nebraska you are undoubtedly concerned about the outcome of your case. If you are not already aware, the first thing you need to know is the punishment for possession, sale, or trafficking cocaine in Nebraska because even a first time offender can face serious judicial and non-judicial penalties. Because there are so many facts and circumstances that can aggravate the basic penalty range for a specific offense it is always best to consult with an experienced Nebraska criminal defense attorney to be sure you know exactly what penalties you are facing for your case; however, some of the basic penalty ranges for offenses related to cocaine are discussed below.
Nebraska Revised Statute 28-416 governs offenses related to the manufacture, distribution, delivery, or possession of cocaine or base cocaine (crack). The severity of the charges you face, and consequently the penalties you face if convicted, depends on the type and quantity of cocaine involved. Subsection (1) of the N.R.S 28-416 reads as follows:
“Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.
Violation of subsection (1) with respect to cocaine, base cocaine (crack),or any mixture or substance containing a detectable amount of cocaine is punishable as follows:
· Up to 10 grams – up to five years in prison
· At least 10 grams but less than 28 grams – Class ID felony – punishable by a mandatory three in prison and up to 50 years in prison.
· At least 28 grams but less than 140 grams – Class IC felony – punishable by a mandatory five years in prison and up to 50 years in prison.
· 140 grams or more – Class IB felony – punishable by a minimum of 20 years in prison and a maximum of life in prison.
The offense for which you are charged can be aggravated, and the possible penalties can be increased, for a cocaine related offense if certain facts or circumstances are present that make the crime worse, such as:
· Selling to a minor under the age of 18
· Possessing a firearm during the commission of the crime
· Committing the crime near a school, park, playground or other designated areas where children frequent.
· Having a prior conviction for the same or similar offense
If you have been charged with the possession, sale, or trafficking of cocaine in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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