New York Drug Lawyer
Being accused of possessing drugs or other controlled dangerous substances is a very serious matter. Even a minor charge can have long-lasting implications on a person’s life making it harder to find a job, an apartment, apply to school programs, and can even result in fines and significant prison sentences.
If you have been accused of a drug crime in New York, you should contact a New York drug lawyer who can help defend your rights in court, help prove evidence was illegally or improperly recovered or admitted, and argue why your charges should be lowered or dismissed altogether.New York Drug Laws
New York prosecutors have gained a reputation nationally for aggressively and zealously pursuing drug charges. New York State Law defines a controlled substance as:
any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.”
Because of the strict drug laws under section 220 of the New York Penal code, prosecutors are able to ask the court to punish anyone convicted of possession of a controlled substance such as cocaine, ecstasy, MDMA, prescription drugs, heroin, methamphetamine, or any other controlled substance with incarceration, fines, and probation. Some of the most common drug charges in New York include:
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Some of the types of crimes classified under the drug and narcotic umbrella include:
- Unlawful Possession of Marihuana
- Criminal Possession of Marihuana NY PL (221.10)
- Criminal Sale of Marihuana
- Criminal Possession of a Controlled Substance in the 5th Degree NY PL (220.06)
- Criminal Possession of Controlled Substance in the 7th Degree NY PL (220.03)
- Criminal Sale of Controlled Substances
- Criminal Sale of Controlled Substances On or Near School Property
- Second Degree Criminally Using Drug Paraphernalia (NY PL 220.50)
- Criminal Sale of a Prescription for a Controlled Substance
- Criminal Diversion of Prescription Medications
New York classifies drug crimes based on the severity of each crime, which takes into consideration, the type and class of controlled substance a person is in possession of, the intent of that person, whether there was a sale of the controlled substance or drug, and the number of prior violations that person may have.Penalties for Drug Possession in New York
Anyone who is convicted of possessing a controlled substance can face potentially severe penalties. The penalties for simple possession can range from a few days in jail to years in a state prison if, for example, a defendant possesses 500 milligrams or more of cocaine or prosecutors prove beyond a reasonable doubt that your simple possession also involved an intent to sell.Felony Penalties
The sentences for felony drug crimes for all classifications include prison time, even for minor charges.
More serious felony crimes include provisions known as indeterminate sentencing, which means that during the sentencing phase of a trial the judge will determine how long a person will be sentenced to jail based on the severity of their crime and any evidence against them.
The New York Penal Code section 70.00 to 70.85, proscribes that class A through E felonies will receive an indeterminate sentence of no less than one year. However, this is only the minimum sentence, and a judge may sentence a person to any length of time in prison based on the facts and circumstances of their case.
Even minor crimes or misdemeanors including violations, unclassified misdemeanors, and Class A and B misdemeanors can lead to months or even years spent in jail. Class B misdemeanors can carry a minimum sentence of up to three months, whereas Class A can have an increased sentence of up to one year.Contact a New York Drug Attorney Today
If you or a loved one has been charged with a drug crime in New York, it is critical that you contact an experienced New York drug lawyer as soon as possible.
A dedicated New York drug lawyer may be able to help you avoid fines, prison sentences, restitution, criminal convictions, and may be able to have your charges dismissed altogether.