Drug Crime Lawyer in New York
Drug related crimes could be prosecuted in both the State and as a Federal Crime as well. There are so many ways for individuals to get prosecuted in a drug-related crime in New York. There are different penalties that come with being prosecuted for a drug crime. If you are charged with a drug crime you need to contact our Drug Crime Lawyer in New York to help you build solid criminal defense. It is a qualified lawyers in NYC who can help you to get off of criminal prosecution. If you need help urgently, we are always here to assist you.
There are so many factors and so many elements involved when it comes to handling drug problems. Factors such as the intention to sell, selling, possessing, and creating and manufacturing drugs come into play on the kind of sentencing that the individual has to face. Drug crime convictions come with penalties that could be stiff such as drug abuse treatment programs, incarceration, fines, and community service.
The Drug Crimes In New York
There are different drug crime charges that can be prosecuted in New York such as the following:
- Criminal Marijuana Possession;
- Criminal Sale of a Controlled Substance;
- Possession of a Controlled Substance;
- Drug Trafficking and Distribution;
- Unlawful Manufacture of Methamphetamine; and
- Possession With Intent to Distribute.
CRIMINAL MARIJUANA POSSESSION
Criminal Marijuana Possession is probably one of the most troubling times that you have to face. Once you are facing arrest, you need to have good defense in place as it will allow you to properly save your innocence and protect you from any kind of incarceration.
Possession of Marijuana is one of the most rampant drug charges in New York City. It comes with heavy penalties that an individual would not want to face in a lifetime. Drug possession charges are heavy in penalties and need to be addressed as quickly as possible. Charges can be looked at by a good defense lawyer and can be thrown at in technicality. A drug possession charge depends on the quantity. If you are charged with this drug related crime, you may face incarceration for 5 days or a fine of up to $500. This penalty may feel light but for possession of up to 8 to 16 ounces, a first time offender may face a drug possession charge at a Class E Felony, imprisonment of up to 4 years, and a fine of up to $5,000.
Under Section 221.05, there is an Unlawful Possession of Marihuana whenever “a person knowingly and unlawfully possesses marihuana.” Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant the following is the class and graduation of penalties:
- For first time offenders caught with 25 grams or less, the fine is around a hundred dollars.
- For second time offenders caught with 25 grams or less, the fine is $200. For both offenses and kinds of offenders, there is no jail time.
- For third time offenders, jail time is around 15 days and it comes with a fine of $250.
When the marijuana possessed is between the range of 25 g to 2 ounces, the penalty is jail time of 3 months up to $150 as penalty. It is also already classified as a misdemeanor. This is defined under Section 221.10 of the New York Penal Law which provides that “an individual is guilty of the crime of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possessing marihuana in a public place and such marihuana is burning or open to public view, or when one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. Criminal possession of marihuana in the fifth degree is a class B misdemeanor.”
When the possessed amount is between more than 2 ounce to 8 ounces, the penalty is around a year of jail time and a fine of $1,000. This penalty is also classified as a misdemeanor. This is defined under Section 221.15 of the New York Penal Law, there is criminal possession of marihuana in the fourth degree whenever a person knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces. Criminal possession of marihuana in the fourth degree is a class A misdemeanor.”
When the amount possessed is between 8 ounce to a pound of marijuana, the penalty is around 4 years and a fine of a thousand dollars. The jail time is for up to 4 years. This crime charged is already considered as a felony. This is defined under Section 221.20 which defines criminal possession of marihuana in the third degree. It provides that “a person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces. Criminal possession of marihuana in the third degree is a class E felony.”
When the amount possessed is more than 16 ounces, this is defined under Section 221.25 which defines criminal possession of marihuana in the second degree. It provides that whenever a person knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. Criminal possession of marihuana in the second degree is a class D felony.”
When the amount possessed during the arrest is more than one pound and less than ten pounds, it is considered as a felony with a penalty of up to 7 years in prison and five thousand dollars in fines.
When the amount is more than ten pounds, it is considered a felony and is penalized by a penalty of up to $15,000 and imprisonment of up to 15 years. When it is done in public view, it is considered as a misdemeanor with a penalty of imprisonment for 90 days and a $250 fine.
CRIMINAL SALE OF A CONTROLLED SUBSTANCE
Whenever the individual caught does not carry marijuana but other controlled substances, he is considered to have violated Section 220 of New York Penal Law. The following are considered as the controlled substances depending on the Schedule.
A. Schedule I. Schedule I consists of the drugs such as the following:
1. Opiates. Unless specifically excepted or unless listed in another
Schedule such as isomers, esters, ethers, salts, and salts of isomers, esters, and others;
24. Dioxaphetyl butyrate.
56. Opium derivatives
57. Hallucinogenic substances.
58. Depressants; and
B. Schedule II. Schedule II shall include the following substances:
1. Opium and opiate;
2. Raw opium
3. Opium extracts.
4. Opium fluid.
5. Powdered opium.
6. Granulated opium.
7. Tincture of opium.
10. Etorphine hydrochloride.
11. Hydrocodone (also known as dihydrocodeinone).
20. Any salt, compound, derivative, or preparation thereof;
21. Opium poppy and poppy straw
22. Coca leaves and any salt, compound
23. Concentrate of poppy straw
26. Hallucinogenic substances;
29. Narcotic drugs.
C. Schedule III. Schedule III shall consist of the following du\rugs such as:
1. Those compounds mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II;
8. Narcotic drugs;
11. Stimulants; and
12. All other substances.
D. Schedule IV. Schedule IV consists of the following:
● Narcotic drugs;
● Chloral betaine.
● Chloral hydrate.
● Ethyl Loflazepate.
● Methylphenobarbital (mephobarbital).
● Zopiclone (eszopiclone).
E. Schedule V. Schedule V shall consist of the drugs such as the following:
● Narcotic drugs containing non-narcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:
● Lacosamide; and
POSSESSION WITH INTENT TO DISTRIBUTE
The crime of possession with intent to distribute is absolutely another one of the drug-related crimes with a heavy penalty. According to New York Penal Code Section 220.16, there is possession with intent to distribute (PWID) when the individual knowingly and unlawfully possess drugs narcotics or specified amounts of other specific types of controlled substances with the intent to sell. This act can be charged as a criminal possession of a controlled substance in the third degree and is classified as a Class B felony.
When an individual is convicted of these charges, he is expected to serve 1 to 9 years in prison.
DRUG TRAFFICKING AND DISTRIBUTION
Drug trafficking and distribution is a crime charged with a ten year prison sentence. If you are caught trafficking and distributing any of the following controlled substances, the crime charged falls under this definition such as:
● Fentanyl analogue;
● Methamphetamine; and
Federal Drug Charges
Federal Drug Charges are linked to State Drug Charges. The main difference between the two charges is the fact that a state charge could graduate to a federal charge if any of the following circumstances concur, such as:
● When the violation of drug regulation took place on a federal property, then there is jurisdiction for a federal charge.
● When the crime committed crossed state lines or there is importation of drugs into another country, there is a federal charge.
● If you are investigated and charged by the federal law enforcement agency such as the Drug Enforcement Agency or the DEA, you should see a federal charge for your violation.
● If the drug charges are trumped up with illegal possession of firearms or money laundering, it is the federal court that would have jurisdiction.
● If the drug charge is related to an organized crime or a continuing crime, the charge is federal.
● If you are involved in the sale of large drug quantities, there is a federal charge involved.
● If you used a mail courier to transport drugs, you are considered guilty of a drug charge.
● If you are discovered through an informant, you will likely face a drug charge that is federal in nature.
Whatever drug charges you are being prosecuted at, it may hurt your case if you do not do anything about it. Drug charges are serious and could ruin your record and reputation.
Get The Right Defense
In this end, it is important that you get in touch with a drug crime lawyer. You should make sure that you do not face time behind bars or face a fine or ruin your record. It is important to get a qualified lawyer who can help you with a particular drug charge and who can get you off of any criminal prosecution if you are innocent of it. Take action today and you should get a lawyer who can defend you properly.
Contact Us Today
If you need help urgently, we are always here to assist you. You can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at: (+1) 347-763-93-96.