In a study completed as part of the 2012 Arrestee Drug Abuse Monitoring Annual Report, researchers tested for drugs in 1,736 men, in five major cities and within 48 hours of the men’s’ arrests. More than 60 percent of the men tested used at least one illegal drug.
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When facing drug charges, it is extremely important that every possible defense theory be explored. A criminal defense attorney in Buffalo, NY will scrutinize every detail of your case to gather evidence that supports every possible avenue of defense.
Types of NY criminal drug cases
There is a wide spectrum of drug crimes of which one can be charged with committing. The types of criminal drug cases include:
- Sale of controlled substance — Conviction of selling drugs is an offense that could lead to extensive jail or prison time.
- Drug possession — Possession of 500mg or more is already a Class D felony punishable by one to two and a half years in prison.
- Drug trafficking — Like most states, New York has laws that strictly punish those convicted of producing, distributing or selling controlled substances.
- Marijuana charges — Marijuana charges vary significantly. Possessing a few joints, cultivating a field and trafficking marijuana are examples of marijuana drug charges.
- Narcotics charges — There are certain drugs that are very dangerous to society. Legislatures have enacted laws that make the possession of these drugs, in even small amounts, a felony offense. Heroin, ecstasy and cocaine are examples of these drugs.
The variables that affect drug penalties
The penalty sought by the prosecution and the sentence ordered by the court depends on the circumstances of the crime. The following are some of the factors affecting the penalty, according to the criminal defense laws in NY State:
- Which illegal substance was involved in the crime?
- How much of the drug was involved?
- Was selling or intent to sell drugs evident?
- Were firearms seized with the narcotics?
- Does the client have any prior convictions and, if so, were any of them for felonies or violent felonies?
- Had the client received drug treatment?
An experienced Buffalo criminal defense attorney will enhance your chances of achieving a positive outcome.
Work with a criminal defense attorney who is well-versed in New York laws
Arthur L. Pressman, Attorney at Law has handled more than 40,000 criminal defense and traffic cases. He possesses the necessary skills and commitment to defend your rights. Contact his Buffalo office today for your free consultation.
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