New York Drug Charge Offenses

by ECL Writer
Criminal Possession In The Fifth Degree Of A Controlled Substance

New York Drug Charge Offenses can have serious consequences, including hefty fines and lengthy prison sentences. Being charged with a drug offense can also have a long-lasting impact on your personal and professional life, affecting your ability to find employment, secure housing, and obtain credit. If you or someone you know has been charged with a drug offense in New York, it’s essential to understand the charges and the potential consequences. In this article, Eastcoastlaws.com will explore the different types of drug charges in New York, the penalties associated with each charge, and what you can do if you’re facing drug charges. Whether you’re a first-time offender or have prior convictions, you must have a solid understanding of your legal rights and options.

Over 40 offenses relating to drug use are included in the New York Penal Code. Most of the charges concern the possession, production, and distribution of banned substances. The possession and distribution of marijuana are tied to a number of other criminal charges. Marijuana is regarded differently from other narcotics that are categorized as controlled substances for the purposes of drug charges. Any substance categorized as a controlled substance under the New York Public Health legislation is considered a controlled substance. New York Public Law 3306. Because drugs have such a negative influence on communities and frequently result in other types of crimes, law enforcement invests a considerable amount of resources towards finding, apprehending, and prosecuting people who engage in crimes involving controlled substances and marijuana.

If you are found guilty of New York drug Charge offenses, you could wind up in prison far from your family and you will also have a conviction for a drug crime on your criminal record. If you have been charged with a drug crime, such as selling drugs, possessing cocaine, possessing marijuana, or manufacturing drugs, you should get in touch with a skilled New York drug crimes attorney right away. They will review the details of your case and work closely with you to mount a vigorous defense.

Types Of New York Drug Charge Offenses

The four basic categories of restricted substance violations in New York are manufacturing, paraphernalia, sale, and possession. Infractions involving marijuana fall into two basic categories: possession and selling.

Possession of a controlled substance offenses

In relation to the possession of controlled substances, there are six drug charges. Possession denotes knowing and illegal possession of the controlled substance. You cannot be charged with possession if all that remains in a hypodermic needle is a trace amount. Cocaine, GHB, PCP, and methadone are just a few of the narcotics that are illegal to possess according to the six possession of controlled substance charges. The various levels of drug possession charges are depending on the kind of drug and the amount of drug. For instance, you would be charged with criminal possession of a controlled substance in the fifth degree, a class D felony, if you had 1000 grams of ketamine.

Seven years is the maximum penalty that might be imposed. The crime of criminal possession of a controlled substance in the fifth degree changes to criminal possession of a controlled substance in the fourth degree, a class C felony punishable by up to 15 years in jail, if you have more than 4000 grams of ketamine.

The criminal possession of a controlled substance crime includes:

  • Criminal possession of a controlled substance in the seventh degree, a class A misdemeanor. N.Y. Pen. Law § 220.03
  • Criminal possession of a controlled substance in the fifth degree, a class D felony. N.Y. Pen. Law § 220.06
  • Criminal possession of a controlled substance in the fourth degree, a class C felony. N.Y. Pen. Law § 220.09
  • Criminal possession of a controlled substance in the third degree, a class B felony. N.Y. Pen. Law § 220.16
  • Criminal possession of a controlled substance in the second degree, a class A-II felony. N.Y. Pen. Law § 220.18
  • Criminal possession of a controlled substance in the first degree, a class A-I felony. N.Y. Pen. Law § 220.21

Although there are six marijuana possession counts, the punishments are not as severe as those for offenses involving restricted substances. One of the marijuana possession allegations is actually a violation rather than a felony. There are two misdemeanor charges. There are only 3 felony charges. You must have at least 8 ounces of marijuana in your possession to be charged with felony marijuana possession.

The criminal possession of marijuana crimes include:

  • Unlawful possession of marijuana. This is a violation. N.Y. Pen. Law § 221.05
  • Criminal possession of marijuana in the fifth degree. This is a class B misdemeanor. N.Y. Pen. Law § 221.10
  • Criminal possession of marijuana in the fourth degree. This is a class A misdemeanor. N.Y. Pen. Law § 221.15
  • Criminal possession of marijuana in the third degree. This is a class E felony. N.Y. Pen. Law § 221.20
  • Criminal possession of marijuana in the second degree. This is a class D felony. N.Y. Pen. Law § 221.25
  • Criminal possession of marijuana in the first degree. This is a class C felony. N.Y. Pen. Law § 221.30

Sale of a controlled substance offenses

Selling marijuana or controlled narcotics is seen by law authorities as a much more serious offense than simply owning the substance. Because of this, the penalties for selling drugs are more severe than those for possessing them. Similar to violations involving the possession of prohibited substances, the more of a material you sell, the more serious the accusation. The most serious offenses could result in a life sentence.

The criminal sale of a controlled substance crime include:

  • Criminal sale of a controlled substance in the fifth degree. This is a class D felony. N.Y. Pen. Law § 220.31
  • Criminal sale of a controlled substance in the fourth degree. This is a class C felony. N.Y. Pen. Law § 220.34.
  • Criminal sale of a controlled substance in the third degree. This is a class B felony. N.Y. Pen. Law § 220.39
  • Criminal sale of a controlled substance in the second degree. This is a class A-II felony. N.Y. Pen. Law § 220.41
  • Criminal sale of a controlled substance in the first degree. This is a class A-I felony. N.Y. Pen. Law § 220.43
  • Criminal sale of a controlled substance in or near school groundsThis is a class B felony. N.Y. Pen. Law § 220.44. This charge applies to drug selling in or near a school, daycare, school bus, or other educational facilities.
  • Criminal sale of a prescription for a controlled substance. This is a class C felony. N.Y. Pen. Law § 220.65
  • Operating as a major trafficker. This is a class A-1 felony. N.Y. Pen. Law § 220.77. Along with the criminal sale of a controlled substance, this charge is the most severe sale of a controlled substance charge. You could go to prison for the rest of your life if convicted

Although it is still a serious felony to sell marijuana, the penalties are less severe than those for selling a controlled narcotic. No marijuana-selling conviction will result in a life term to the penitentiary.

The criminal possession of marijuana crimes include:

  • Criminal sale of marijuana in the fifth degree. This is a class B misdemeanor. N.Y. Pen. Law § 221.35
  • Criminal sale of marijuana in the fourth degree. This is a class A misdemeanor. N.Y. Pen. Law § 221.40
  • Criminal sale of marijuana in the third degree. This is a class E felony. N.Y. Pen. Law § 221.45
  • Criminal sale of marijuana in the second degree. This is a class D felony. N.Y. Pen. Law § 221.50
  • Criminal sale of marijuana in the first degree. This is a class C felony. N.Y. Pen. Law § 221.55

Drug paraphernalia offenses

Possession of drug paraphernalia rather than actual drugs constitutes another form of drug violation. These three offenses typically have to do with restricted substances and the processes required to create controlled substances for sale. Crimes involving drug paraphernalia include:

  • Criminally using drug paraphernalia in the second degree. This is a class A misdemeanor. N.Y. Pen. Law § 220.50
  • Criminally using drug paraphernalia in the first degree. This is a class D felony. N.Y. Pen. Law § 220.55
  • Criminal possession of precursors of controlled substances. This is a class E felony. N.Y. Pen. Law § 220.60

Manufacturing methamphetamine offenses

Manufacturing controlled substances is a very serious drug felony in New York, much like selling narcotics is. The regulations governing the production of drugs in New York are all focused on methamphetamine. All but one of the seven manufacturing charges are felonies. You might receive a term of up to 25 years in jail if you are found guilty of the most serious manufacturing allegation, which is first-degree unlawful manufacture of methamphetamine. Offenses related to drug production include:

  • Criminal possession of methamphetamine manufacturing material in the second degree. This is a class A misdemeanor. N.Y. Pen. Law § 220.70
  • Criminal possession of methamphetamine manufacturing material in the first degree. This is a class E felony. N.Y. Pen. Law § 220.71
  • Criminal possession of precursors of methamphetamine. This is a class E felony. N.Y. Pen. Law § 220.72
  • Unlawful manufacture of methamphetamine in the third degree. This is a class D felony. N.Y. Pen. Law § 220.73
  • Unlawful manufacture of methamphetamine in the second degree. This is a class C felony. N.Y. Pen. Law § 220.74
  • Unlawful manufacture of methamphetamine in the first degree. This is a class B felony. N.Y. Pen. Law § 220.75
  • Unlawful disposal of methamphetamine laboratory material. This is a class E felony. N.Y. Pen. Law § 220.76

Other Drug Offenses

The use of a child in the commission of a controlled substance offense or the use of hypodermic needles or syringes to administer drugs are both prohibited by the controlled substances statute.

  • Use of a child to commit a controlled substance offense. This is a class E felony. N.Y. Pen. Law § 220.28
  • Criminally possessing a hypodermic instrument. This is a class A misdemeanor. N.Y. Pen. Law § 220.45
  • Criminal injection of a narcotic drug. This is a class E felony. N.Y. Pen. Law § 220.46

Sentencing To New York Drug Offenses

Depending on a number of variables, the punishment for a drug charge conviction can vary greatly. The classification of the drug charge is the most crucial element. Minimum jail time will be served for misdemeanors. For Class A offenses, the sentence might be many years or possibly life. Following convictions for drug offenses:

  • Violation. Unlawful possession of marijuana is a violation and is not considered a crime. The maximum penalty is a fine of up to $100. However, if it is your second conviction for this offense within the prior 3 years, then the fine will be up to $200. If it is your third offense, then you may face a fine of up to $250 or up to 15 days in jail.
  • Class B misdemeanor. The maximum possible sentence is 3 months in jail and a fine of up to $500. Criminal possession of marijuana in the fifth degree is the only drug offense that is a class B misdemeanor.
  • Class A misdemeanor. The maximum possible sentence is 1 year in jail and a fine of up to $1,000. The following controlled substance offenses are class A misdemeanors: criminal possession of a controlled substance in the seventh degree, criminally using drug paraphernalia in the second degree, criminal possession of methamphetamine manufacturing material in the second degree, and criminally possessing a hypodermic instrument.
  • Class E felony. The maximum possible sentence is 4 years in prison and a fine of up to $5,000. The following controlled substance offenses are class E felonies: criminal possession of precursors of controlled substances, criminal possession of methamphetamine manufacturing material in the first degree, criminal possession of precursors of methamphetamine, unlawful disposal of methamphetamine laboratory material, use of a child to commit a controlled substance offense, and criminal injection of a narcotic drug.
  • Class D felony. The maximum possible sentence is 7 years in prison and a fine of up to $5,000. The following controlled substance offenses are class D felonies: criminal possession of a controlled substance in the fifth degree, criminal sale of a controlled substance in the fifth degree, criminally using drug paraphernalia in the first degree, and unlawful manufacture of methamphetamine in the third degree.
  • Class C felony . The maximum possible sentence is 15 years in prison and a fine of up to $15,000. The following controlled substance offenses are class C felonies: criminal possession of a controlled substance in the fourth degree, criminal sale of a controlled substance in the fourth degree, unlawful manufacture of methamphetamine in the second degree, and criminal sale of a prescription for a controlled substance.
  • Class B felony. The maximum possible sentence is 25 years in prison and a fine of up to $30,000. The following controlled substance offenses are class B felonies: criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds, and unlawful manufacture of methamphetamine in the first degree.
  • Class A-II felony. The maximum possible sentence is life in prison and a fine of up to $50,000. The following controlled substance offenses are class A-II felonies: criminal possession of a controlled substance in the second degree and criminal sale of a controlled substance in the second degree.
  • Class A-I felony. It does not get worse than this. The maximum possible sentence for a class A-I is life in prison, plus a fine of up to $100,000. The following controlled substance offenses are class A-I felonies: criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, and operating as a major trafficker.

You might be able to participate in Drug Treatment Court, an alternative sentencing program if you are accused of a drug crime. You must have a substance dependence issue and the drug offense must be a class B, C, D, or E felony in order to qualify for this program. Additionally, the Drug Treatment Court program must be beneficial to you in the eyes of the court. If you are given this choice and decide to take it, you must admit guilt to the allegations brought against you.

The judge presiding over your criminal case will resolve the criminal charges against you more favorably if you successfully complete the program, including complying by all of its terms, than if you did not attend Drug Treatment Court. The charges can be toned down or perhaps dropped.

Hiring A New York Lawyer For Drug Offenses

If you or someone you know has been charged with a drug offense in New York, it’s essential to seek legal representation as soon as possible. A New York lawyer with experience in drug offenses can help you understand the charges you’re facing, the potential consequences, and your legal options.

Drug charges in New York can range from misdemeanors to felonies, and the penalties can vary depending on the type and quantity of drugs involved, as well as your criminal history. A drug offense can result in fines, probation, community service, or even jail time.

When hiring a New York lawyer for drug offenses, it’s important to find someone who has experience in handling drug cases and a track record of success. Look for a lawyer who has represented clients in cases similar to yours and who can provide references from past clients.

A good New York lawyer will also be familiar with the state’s drug laws and know how to navigate the legal system to achieve the best possible outcome for your case. They will work to protect your legal rights and ensure that you receive a fair trial.

During your initial consultation with a New York lawyer, be sure to ask about their experience, fees, and the potential outcomes for your case. It’s also essential to be honest with your lawyer about the details of your case, as they will need to know all the facts in order to build a strong defense.

In conclusion, hiring a New York lawyer for drug offenses is crucial if you want to protect your legal rights and achieve the best possible outcome for your case. With the help of an experienced lawyer, you can navigate the legal system with confidence and ensure that your case is handled with the utmost professionalism and care.

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