Drug charges should be taken seriously, especially in New York. New York has some of the strictest laws in the United States when it comes to drugs. Controlled substances include: heroin, methamphetamines, cocaine, and prescription medication. Learn the basics of what you should know about drug charges in New York. If you need help with drug charges, contact Lisa Pelosi, a criminal defense attorney located in New York.
An Overview of Drug Charges In New York
As aforementioned, drug charges in New York are very severe and are some of the toughest in the country. Controlled substances are considered to be heroin, methamphetamines, cocaine, and prescription drugs. Prescription drugs are considered illegal if you are in possession of them illegally, which means if you don’t have a prescription for them, then they are illegal and you can get a possession charge. If you are caught with drugs, then you will be looking at jail or prison time depending on how much you are in possession of and what your intentions were with it. You could also face fines or probation. Lisa Pelosi, will work as hard as possible to help you if you are facing drug charges and need a lawyer.
The Regulated Five Drug Classifications
- Narcotics
- Stimulants
- Anabolic steroids
- Hallucinogens
- Depressants
What Is Possession?
Possession is when you are arrested and have drugs on you, this doesn’t mean physically on you, it can mean everyone inside a car or a room. If you are pulled over and you are not the driver, but the driver has marijuana under the seat it means you can be charged as well. When it comes to being in a house and there are people in close proximity to drugs everyone can be charged as long as you are within close proximity. The only time that everyone can’t be charged is when you are in a public place. However, if you are in a public place you are liable to be charged with illegal possession of drugs, in comparison to if you were in a house or car you can be charged with illegal possession of illegal drugs.
Currently, marijuana is decriminalized in small amounts in New York, but you can still be charged for a marijuana possession. When it comes to other drugs, such as ecstasy it depends on the quantity. Methamphetamine, heroin, and crack-cocaine, are also determined by amounts, however, depending on the class of drugs, the possession charge can be much more severe.
Possession with intent to sell is another offense you can be charged with. Possession with intent to sell is when it is proven that you had an intention to sell the drugs. For example, if they find plastic bags on you, but nothing in it, a large amount of cash, or a scale to measure out substances with, you can be charged with intent to sell.
What Is Trafficking?
Trafficking or distribution is when you are arrested and were planning on selling, illegally importing, or transporting controlled substances. Depending on how you were planning on trafficking, this can turn into a national issue. For instance, if you importing drugs from Colombia or exporting across state lines the penalties are a lot worse. Depending on how you were trafficking the drugs, you can be looking at a few years or a much serious sentence because you were importing them illegally. If you are selling locally, the sentences aren’t as harsh, but you might still be looking at jail time depending on the amount you had on you.
What Is Growing Or Manufacturing?
Marijuana is usually the only drug people try to grow in the United States, since most people don’t grow Coca leaves in his or her house. Manufacturing a drug is when you are creating or cooking lysergic acid diethylamide or LSD, methamphetamine, or any other process that is used to make an illegal substance.
Penalties For Controlled Dangerous Substances
There are many drug classifications and depending on what you have in your possession and what your intent is with it, you can be facing a few months in jail or a long time. The highest penalty you can face is a Class A I Felony, which can amount to 25 years of prison or at least $100,000 in fines. The lowest penalty you can face is a Class A Misdemeanor, which can be up to one year of jail time or at least $1,000 in fines. Below are the six drug classifications you can be charged with from the greatest charge to the least one.
- Class A I Felony
- Class A II Felony
- Class B Felony
- Class C Felony
- Class D Felony
- Class A Misdemeanor
Any way you look at it, drugs will inevitably get you in trouble with the law, which is why a defense attorney is imperative to find if you are facing drug charges. Contact a criminal defense attorney today.
