In New York State, a conviction for drug possession could lead to steep fines, imprisonment, and suspension of driving privileges. Drug-related offenses could also lead to a permanent criminal record and limit future employment opportunities.
If you have been charged with possession, distribution, drug trafficking, or intent to sell, the outcome of your case as well as your future will depend heavily on your defense.
Roche Law Group will not only fiercely represent you in court, but also investigate the arrest procedure, identify any errors, and review the evidence that the state will be using against you.
Trust our drug possession lawyer in Selden, Long Island to build a robust defense on your behalf and help you avoid conviction or negotiate a lighter sentence.
Defining drug possession in New York State
The willful possession of controlled substances is considered a criminal offense in the State of New York. You could face penalties even if the substances found are intended for personal use only.
For someone to be convicted with drug possession in Long Island, the prosecutor must be able to prove the following three elements beyond a reasonable doubt:
- The item found is a controlled substance
- The defendant knowingly possessed a perceptible amount of the controlled substance
- The possession was unlawful
Examples of controlled substances are heroin, ecstasy, cocaine, methamphetamines, amphetamines, and prescription drugs like Valium and Vicodin.
What happens after being charged with drug possession
Penalties for drug possession offenses in New York State vary depending on the degree of the charges:
- A 1st degree Class C felony for possession of marijuana is punishable by up to $15,000 worth of fees and 1 to 5-and-a-half years in prison.
- A 1st degree Class A-1 felony for carrying illegal substances can result in a maximum of 20 years imprisonment and around $100,000 in penalty fees.
- Class B to C felonies impose fines of $15,000 to $30,000.
- Class B to E felonies are punishable by up to 9 years of jail time.
Penalties will also vary based on the kind and quantity of the controlled substance that was discovered and the circumstances surrounding the arrest. Apart from fines and jail time, a drug possession charge can also impact your reputation, personal relationships, and career and homeownership opportunities.
Possession of drug paraphernalia in NY
It is unlawful not only to sell or carry illegal drugs, but also to possess drug paraphernalia used to sell, pack, or manufacture controlled substances.
In New York state, drug paraphernalia include:
- Various diluents or adulterants;
- Vials, envelopes, capsules, or any other material used to pack a stimulant or narcotic drug; and
- Scales and other similar instruments used to weigh controlled substances with circumstances showing an intent to use.
Work with a skilled drug crime lawyer in Selden
Whether or not the charges filed against you are factual, know that you have equal rights before the law. Our drug charges attorney understands the various loopholes involved in most drug cases, including planted evidence, dealing under duress, and possession without knowledge.
Having served as both prosecutor and drug possession defense attorney, our very own Olivier E. Roche, Esq. will work tirelessly to investigate your case and help you secure the best possible outcome. Contact us for a free 15-minute consultation.
