In the state of New York, if you have been charged with a drug crime, you may be facing severe penalties. Here is what you should know about New York criminal drug cases, and how it will affect your charges.
New York Criminal Drug Cases: Felony Drug Crimes
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 of the US and within 48 hours of the men’s arrests. More than 60% of the men tested used at least one illegal drug.
New York has historically been known for some of the toughest drug laws in the United States. Most offenses involving controlled substances are felony drug crimes. They carry huge fines and most often are accompanied by long prison sentences. There is a wide spectrum of drug crimes of which one can be charged with committing.
New York Criminal Drug Cases: Types of Criminal Drug Cases
- 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.
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New York Criminal Drug Cases: Drug Penalty Variables
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, per 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?
If you have any question about New York criminal drug cases, please contact our Buffalo criminal defense attorneys to schedule a free consultation.
Have you been charged with a drug crime? Buffalo Criminal Defense Attorney Arthur Pressman has handled dozens of criminal drug cases just like yours.