Drug Crime Penalties
If you have been charged drug crime in New York State, you may be feeling scared about what will happen to you. Serious drug crimes are considered felonies in New York. Here is what you need to know about drug crime penalties.
Drug Crime Penalties in New York
The penalties for drug possession vary drastically depending on the type of drug found on your person. They may involve minimum mandatory state prison sentences and substantial fines and penalties.
Unlike states in Colorado or Washington or the District of Columbia, it is still illegal to possess marijuana, especially in quantities over 28 grams. First-time possession doesn’t carry much consequence, a citation and a $100 fine. It is a non-criminal charge in New York State. We have decriminalized certain amounts of marijuana. In most cases I will be able to get you a delayed dismissal. If you possess marijuana in a quantity over 28 grams, you will be charged with either a misdemeanor or a felony.
Cocaine, on the other hand, carries a much stiffer penalty. Even if you are only found to be in possession of a very small amount, penalties can be several months to 15 years in prison and fines can be up to $500,000. Prosecutors and police will look at the type of cocaine and the amount to determine whether it is a misdemeanor or a felony.
Possession with intent to distribute may be determined based on the amount of drugs found on your person. The quantity required to increase the charge from simple possession to possession with intent to distribute varies between the drugs found and their weight. Penalties for this offense are very serious. They range from a misdemeanor to an A felony.
Individuals are usually charged with distribution if they are caught with a larger quantity of drugs than would warrant a possession charge, but not enough to necessitate a drug trafficking charge. The heavier the drug, the steeper the penalty. And for a significant amount, an individual can face years behind bars.
If you need representation for a drug charge, you want the best. Arthur Pressman is an experienced criminal defense attorney who will fight for you.
Contact our Buffalo criminal defense office for more information on drug crime penalties.