Facing State Drug Charges?

Seeking Immediate Counsel from an Experienced Defense Attorney is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

State Drug Charges in New York

New York Penal Law 220 governs drug and narcotics possession and sale in New York. Depending on the amount of a certain narcotic as well as its classification, different elements of an offense will apply. 

Criminal possession of a controlled substance in the fifth degree involves possessing a controlled substance intending to sell it. It is a Class D felony. See N.Y. Pen. Law § 220.06.

Criminal possession of a controlled substance in the fourth degree involves possessing at least 1/8 ounce of narcotic drug preparations; at least 1/2 ounce of methamphetamine preparations; at least 2 ounces of narcotic preparations, or a handful of other variations. It is a Class C felony. See N.Y. Pen. Law § 220.09.

Criminal possession of a controlled substance in the third degree, typically entailing an amount greater than those above, is a Class B felony. See N.Y. Pen. Law § 220.16.

Criminal possession of a controlled substance in the second degree involves possessing a minimum of 4 ounces of narcotic drug preparations; 2 ounces of methamphetamine preparations, or a handful of other variations. It is a Class A-II felony. See N.Y. Pen. Law § 220.18.

Criminal possession of a controlled substance in the first degree is the most serious drug possession crime. You will face this charge if you possess a minimum of 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a Class A-I felony. See N.Y. Pen. Law § 220.21.

Sentencing & Penalties in New York

Accusations of drug possession, manufacturing, and sales can be severe and result in significant prison time. Pursuant to New York State’s Major Trafficker statute, the Special Narcotics Prosecutor in New York City is authorized to bring certain charges against individuals who specifically sell massive quantities of drugs and who generate substantial profits. Codified by New York Penal Code § 220.77, the prosecutor must generally show that you acted as a director or profiteer of a controlled substance organization which sold drugs valued at $75,000 or more within a specific time-period.

Beyond this statute, individuals may be prosecuted under various subsections of New York Penal Law § 220, ranging from first degree to seventh degree drug crimes, and classified from Class “A” level felonies down to misdemeanors.

How We Fight Drug Charges in New York

Given the expansive nature of state drug statutes, many avenues and gaps exist for your attorney to implement strategic and sound defenses. Frequently, issues will exist surrounding the precise quantities of drugs confiscated, your specific role, if any, within a drug trafficking organization, as well as potential defenses by way of entrapment, necessity, intent, or knowledge. 

A strategic and thorough defense lawyer will take the above defenses and amplify them, finding ways to lessen an individual’s exposure through pre-trial motions and effective, persuasive sentencing memorandums.

Your Defense Begins Now

If you are being prosecuted for state drug crimes, and whether it be for the sale, possession, trafficking, or manufacturing of a controlled substance, hire a former prosecutor and seasoned defense attorney who has dealt with these charges on both sides of the courtroom. Being charged with a drug crime is extremely serious and can have a lasting impact.

What your defense attorney does in the face of these accusations, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. Contact The Law Offices of Jason Goldman today.