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New York has some of the strictest drug laws in the United States, and most controlled drug offenses are felonies.
An accusation of criminal drug possession can have a huge impact on your life, making it difficult to obtain a place to live, apply for special grants and school programs, and get a job.
At Perez Justice Law, we are here to help you understand your criminal drug charges with expert legal advice.
Drug Possession Charges in New York
Drug possession, sale, and conspiracies involving drugs and other narcotics-related crimes are all dealt with in federal and New York courts and there are several drug crimes that carry maximum life sentences and many cases have mandatory prison sentences even for those charged with small quantities of drugs.
In New York, both federal and state law enforcement focuses on the drug possession and sales of pills like Vicodin, OxyContin, and Codeine and performance-enhancing drugs, including steroids and human growth hormones.
Different Drug Crimes in New York
The New York Penal Code lists drug offenses under two headings:
– Marijuana offenses
– Controlled substances offenses
The majority of controlled substance offenses are related to the possession, sale, and manufacturing of controlled substances.
Prosecutors can ask for the punishment of anyone who is convicted of possessing a controlled drug under the NYPL §220. This includes heroin, cocaine, MDMA, and prescription drugs.
You can face charges for a wide range of drug offenses, including:
– Drug possession
– Selling controlled substances
– Drug trafficking
– Narcotics charges
– Marijuana charges
Heroin, ecstasy, and cocaine are substances that have been considered a serious threat to society and have been made a felony crime by legislatures.
In New York, both federal and state law enforcement focuses on the drug possession and sales of pills like Vicodin, OxyContin, and Codeine and performance-enhancing drugs, including steroids and human growth hormones.
Types of Drug Crimes | Description | Penalty |
Drug Possession | Found with illegal drugs | Fines, probation, or incarceration |
Selling Controlled Substances | Distribution or sale of illegal drugs | Substantial fines, lengthy prison sentences |
Drug Trafficking | Illegal transportation or sale across borders | Lengthy prison sentences, significant fines |
Narcotics Charges | Offenses related to narcotics | Varies, includes fines and imprisonment |
Marijuana Charges | Offenses related to marijuana | Fines, probation, or incarceration |
Penalties for Drug Charges in New York
New York classifies drug crimes based on the severity of each criminal offense.
Severity is based on:
– The type and class of controlled substance a person is in possession of
– The intent of the person; and
– Whether there was a sale of the controlled substance or drug; and
– The number of prior violations that person may have
The penalties for criminal offenses involving drugs depend on the classification. Class A-I or A-II Felonies have a maximum sentence of up to life imprisonment.
The most severe crimes are the manufacturing, selling, and distribution of illegal drugs. Penalties include the following for drug possession convictions:
– Violation: Unlawful possession of marijuana is the only drug possession charge that is considered a violation.
– For a first offense, the fine can be up to $100
– The second offense within 3 years can be fined $200
– A third offense can result in $250 in fines or 15 days imprisonment
Class B Misdemeanor: Up to three months imprisonment and up to a $500 fine. Criminal possession of marijuana in the fifth degree falls under this category.
Class A Misdemeanor: Up to 1-year imprisonment and up to $1,000 fined. Both criminal possession of marijuana in the fourth degree and criminal possession of controlled substances in the seventh degree are class A misdemeanors
Class E felony: 4 years imprisonment and up to $5,000 fine. Criminal possession of marijuana in the 3rd degree falls under this category
Class D Felony: 7 years imprisonment and up to a $5,000 fine. Both criminal possession of marijuana in the 2nd degree and criminal possession of a controlled substance in the 5th degree of controlled substances are class D felonies.
Class C felony: 15 years imprisonment and up to $15,000 fine. Both criminal possession of controlled substances 4th degree and criminal possession of marijuana in the 1st degree are class C felonies.
Class B felony: 25 years imprisonment and up to $30,000 fine. Criminal possession of controlled substances in the 3rd degree falls under this category.
Class A-II felony: Life in prison with a maximum fine of up to $50,000. Criminal possession of controlled substances in the 2nd degree falls under this category.
Class A-I felony: Life in prison with a maximum fine of up to $100,000. Criminal possession of controlled substances in the 1st degree falls under this category.
Possible Defenses for Drug Possession in New York
A conviction for drug charges will yield serious consequences, and each case is unique. However, you can challenge criminal drug charges with a variety of defenses, which may include:
– The substance was not an illegal drug: you may be charged with drug possession if you possess a substance that looks like an illegal drug, but it isn’t. For example, legal prescription pills may resemble illegal pills. Lab tests will determine if the substance is banned.
– You were in legal possession of the drug: You can legally possess certain drugs if your prescription is valid.
– Insufficient quantity: You may face a lower possession charge depending on how much of the drug you can prove you have.
– The absence of the “knowing” element: You must “knowingly” have the drug to be charged with drug offenses. However, if you prove otherwise, it could help you defend yourself against the drug crimes charge.
– Witness to or victim of a drug overdose or alcoholism: You cannot be arrested for drug possession if you are seeking healthcare to treat a medical condition such as a drug overdose.
– Unlawful search and seizure: Fourth Amendment searches and seizures are common in drug possession cases; Illegal search and seizures are prohibited by the Fourth Amendment of the U.S. Constitution. The police may seize drugs if they can be seen and used in drug possession cases. However, drugs cannot be taken unless lawful searches are conducted.
Certain drugs like methamphetamines, ecstasy, and cocaine are considered illegal. Some drugs are considered illegal if they are not prescribed for the specific medical condition they address. Examples include medications to treat Attention Disorders (ADD), antidepressants like Xanax, and opioid painkillers.
Drug Treatment Court in New York
Drug treatment court in New York is a program that offers an alternative to traditional sentencing and is available to anyone who has been arrested for drug criminal offenses involving drugs that are a B, C, D, or E felony. If you are able to complete the Drug Treatment Court program successfully, the judge presiding over your case has several options, including reducing criminal charges against the defendant.
You must agree to participate in a court-supervised program for substance abuse rehabilitation, and programs are only open to non-violent offenders.
It can be difficult to get into Drug Court and strict compliance must be met in order to graduate. Once you are in, you will be monitored by both a judge and probation officer.
To be qualified for Drug Treatment Court programs, a criminal defense lawyer must show you are eligible and will be able to benefit from participation in drug court. Oftentimes, there will be a health professional evaluation. It will still be up to the judge to approve participation even if a defense attorney negotiates a chance for you.
The rules for drug court participation are set out in a contract that is signed by you, the criminal defense attorney, and district attorneys, as well as the court. In some cases, successful completion may result in the dismissal of the criminal charges involving drugs and a fresh start for you. Refusing to follow the guidelines, which include periodic drug testing, could result in being removed from the program.
How We Can Help You
Drug possession offenses can lead to severe penalties. If you have been arrested for drug crime charges, it is important that you immediately consult an attorney who can help you understand the options for fighting drug crime charges in NYC.
An experienced attorney can help you understand law enforcement’s motive for pursuing and searching you and construct a New York possession defense.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.