3rd Degree Drug Charges in New York City
To achieve a positive outcome for our clients charged with a drugs or narcotics offense, our top criminal defense attorneys use their resources and years of experience to identify and exploit weaknesses in the prosecution’s case. Whether it is police report with inconsistent witness statements or an unconstitutional search and seizure, our team knows where and when to push prosecutors toward a dismissal or, at least, bring them to the negotiating table to reduce even the most serious of drug offenses. While an acquittal or dismissal of a criminal case can never be guaranteed, the best chance for a favorable outcome to any felony Criminal Possession of Controlled Substance (CPCS) case is to retain counsel who can be trusted to represent both your present and future interests in criminal proceedings in the state.
While the possession of narcotics with the intent to sell is the most common basis for a Third Degree CPCS crime, it is not the only one available to prosecutors when charging this offense. Possession of certain specific amounts of other controlled substances, either with or without specific evidence of intent to sell, can also form the basis of a felony drug offense under New York Penal Law §220.16.
What are the Potential Outcomes of 3rd Degree Drug Offenses?
The ramifications of a Third Degree CPCS conviction are harsh but commensurate to its offense level as a B felony, the same as First Degree Manslaughter. While the state legislature and some District Attorney’s Offices have created avenues for leniency in the state system for those arrested and convicted for a drug offense as a result of addiction or drug dependent habits, the same rules do not generally apply to those alleged to profit off of the sale of addictive narcotics to others.
If you have been charged with the possession of a large quantity of controlled substances or the possession of narcotics with intent to sell, aggressive representation may be necessary as prosecutors are generally not amenable to a reduced plea to anything lower than the D felony offense of Fifth Degree CPCS. For many, the threat of years of incarceration and the attendant collateral consequences of a public felony drug conviction make this offer a non-starter.
Is It Possible to Get a 3rd Degree Drug Charge Sealed?
To get any crime sealed from being accessible to the public, there are certain requirements and factors that must be met. Some crimes are ineligible for sealing, however, it possible in New York City to get a 3rd degree drug charge sealed after a certain period of time and if specific criteria have been fulfilled. If a crime is sealed, the individual would not be obligated to make their previous criminal history known, such as if they were applying for a job or trying to secure an apartment. A sealed record also means that a basic public search will not reveal someone’s criminal history.
No more than two past convictions can be sealed. Additionally, of the two convictions allowed for sealing, just one is permitted to have been a felony conviction. To get a 3rd degree drug charge sealed, the individual must not have any outstanding criminal case against them. They should also have undergone an authorized drug rehabilitation program and fulfilled the penalty imposed by the court, whether that was a fine, jail time, or both.
Speak with a New York City Attorney for Help with 3rd Degree Drug Charges
An attorney could not only answer your legal questions if you have been charged with a 3rd degree drug offense in New York City, but help you identify the most effective defense solutions that could refute or mitigate the charges against you. An attorney can protect your rights while providing the zealous advocacy needed for your case. An attorney who is well-acquainted with the strategies used by the prosecution and has an in-depth knowledge of the legal nuances involved in your case could do everything possible to achieve favorable results in your case.