New York City Drug Lawyer

Facing a drug charge in New York is scary for many reasons. Many drug offenses in New York are felonies, which means someone convicted of these crimes could face years in prison.

The state’s drug laws are constantly changing, and it can be quite confusing why someone may face a criminal charge for possessing one type of drug and a civil fine for possession of another. If you are facing a drug charge, contact a New York drug lawyer now. A knowledgeable criminal lawyer can build a solid case for you. En español

What are the Civil Fines for Marijuana Possession in New York City?

New York has decriminalized possession of small amounts of marijuana; however, this does not mean possession is legal. Instead, it means those in possession of less than 25 grams of marijuana will not face criminal penalties unless they have prior offenses on their record. Rather, they could face civil penalties for unlawful possession of marijuana.

This civil offense is similar to getting a minor traffic ticket in that the action was unlawful, but not criminal. A first offense of unlawful possession is punishable by a $100 fine. That fine increases to $200 for a second offense. A New York City drug attorney can mitigate the potential penalties an individual faces.

A third offense of unlawful possession actually is a criminal charge, and is punishable by a $250 fine and up to 15 days in jail. The decriminalization of marijuana does not affect other state laws prohibiting burning it in public, selling it, or cultivating it. These are separate criminal offenses that carry stiff penalties.

Criminal Possession of Marijuana

Possessing more than 25 grams of marijuana in New York is a criminal offense. The amount of marijuana in question determines whether someone will face a misdemeanor or felony charge.

• Possession of 26 grams-two ounces: Class B misdemeanor; punishable by up to three months in jail and a $500 fine
• Possession of more than two ounces-eight ounces: Class A misdemeanor; punishable by up to one year in jail and a $1,000 fine
• Possession of more than eight ounces-one pound: Class E felony; punishable by up to four years in prison and a $5,000 fine
• Possession of more than one pound-10 pounds: Class D felony; punishable by up to seven years in prison and a $5,000 fine
• Possession of more than 10 pounds: Class C felony; punishable by up to 15 years in prison and a $15,000 fine

It is also a Class B misdemeanor to burn marijuana in the public view.

Possession of Other Narcotics

Of course, marijuana is not the only controlled substance in New York City. The law still prohibits the possession of other narcotics or prescription medications without a doctor’s note. According to New York Penal Law §220.03, possession of a controlled substance in the seventh degree is a Class A misdemeanor.

These charges may become more serious as the amount in possession rises. Additionally, the charges someone may face depend on the type of drug in possession. A New York City attorney could explain why a person is facing specific drug possession charges, depending on the facts of their case.

Distribution Drug Charges

Depending on the amount a person has in possession, law enforcement may charge someone with the intent to distribute or sell. Under New York Penal Law §220.31, distribution charges are a Class D felony. However, much like in possessions cases, the type and amount of drug in question increases the potential penalties.

The most serious drug distribution charges involve large amounts of narcotics such as heroin or cocaine. Here, the most elevated charges are Class A-1 felonies that carry stiff mandatory minimum sentences.

What are Other Related Drug Offenses in New York City?

In some cases, the police may add on related criminal charges to a possession charge. For example, the police may charge someone with possession with the intent to sell, based on how much marijuana they allegedly possess.

In other cases, someone in possession of a non-criminal amount of marijuana may be charged with possession of drug paraphernalia, depending on what the police think they saw. Of course, the law also restricts the possession, sale, and manufacturing of other controlled substances, such as cocaine and heroin.

Violation of these controlled substances laws are also serious offenses, many of which are felonies. No matter what the situation, anyone facing a drug charge in should call a New York City drug attorney immediately.

Fighting Drug Charges at the Federal Level

Not all drug arrests occur at the hands of state or local police. The most serious of these offenses often involve prosecution in federal court by U.S. attorneys. Unlike state charges, which involve merely possessing illegal substances, federal offenses are more likely to be related to traveling across state lines while possessing drugs.

The most common drug charges on the federal level are manufacturing, possessing, or distributing a controlled substance. The prosecutors also frequently bring charges of conspiracy for any of these underlying offenses. It is worth noting that a person can be charged with conspiracy without ever actually committing the original drug charge. If they take a substantial step towards aiding the conspiracy, they could be found guilty of a crime.

The penalties at the federal level are serious, and judges generally have less leeway for leniency compared to state courts. Serving time in federal prison is no easy task, and a felony conviction can continue to cause problems long after any sentence has been served. Given the high stakes, securing the support of a New York City drug attorney is vital.

Defenses to Drug Charges

Facing allegations of state or federal drug offenses in NYC can be daunting for anyone, whether they have been through the criminal justice system before or they have a clean record. The potential for hefty fines and lengthy prison terms can leave the accused feeling hopeless.

The good news is that an arrest does not always equal a conviction. You have the chance to fight back with the help of a New York City drug lawyer. An attorney can evaluate the strength of the state’s case and determine the right defense strategy. Some possible approaches include the following.

Illegal Search and Seizure

Many drug cases are built on evidence seized by the police during the search of a home, car, or business. However, the police cannot enter a building and seize evidence on a whim. Law enforcement must have grounds to search the premises, like a warrant signed by a judge. If the search is illegal, any evidence seized could be thrown out.

Lack of Intent

A person who unknowingly possesses drugs has not committed a crime. This might happen when they get in a vehicle with a controlled substance under their seat or put on a jacket with drugs in the pocket. There is no intention to commit a crime here, which is a complete defense to possession charges. Unfortunately, juries cannot read your mind, giving the state a chance to argue intent.

Lack of Evidence

Prosecutors must meet a high burden of proof in order to secure a conviction in a drug case. If they are unable to prove guilt beyond a reasonable doubt, a jury must acquit the accused of the charges. In many situations, the best approach is to point to the weakness of the state’s case and highlight its lack of evidence. In this scenario, there is no need to offer an alternate theory. The defense is based entirely on the inadequacy of the evidence.

How a New York City Drug Attorney Can Help

There is no doubt that being charged with a drug-related offense in New York is a serious matter. A conviction could impact your life in major ways, including losing your job or even your freedom.

New York’s marijuana and drug laws are complex. The exact amount someone allegedly possessed determines whether they face a civil fine or a serious criminal charge. Because many of these offenses are felonies, the stakes are high any time someone faces a drug-related charge. If you have been charged, call a New York drug lawyer now for experienced criminal defense help.