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Last Updated on: 1st August 2023, 01:29 am
Being accused of distributing and manufacturing drugs in New York state is a serious matter. If a law enforcement officer were to suspect you or catch you in possession of large amounts of controlled substances, you might be charged with this crime if they believe your intent was to distribute it on the open market. You can also be accused of this crime if you are manufacturing drugs for the purpose of distributing them as well. Just being arrested for this crime is a life altering event. If you are convicted, you will find that the negative consequences are far reaching. Your very livelihood will be in jeopardy, as will your freedom for a number of years. This is why you will want to have Brooklyn distribution and manufacturing lawyers working on your case.
Laws Relating to the Distribution and Manufacture of Drugs in New York
You will want to keep in mind that drug distribution is a different charge than simple drug possession. This might seem odd since both involve you actually being caught with drugs on you, but the key distinction lies in the amount of drugs and the intended use. In order to be accused of the distribution and manufacture of drugs in New York, it must be shown that you intended to use the drugs for commercial purposes. Also taken into account will be the type of drugs involved, as certain controlled substances such as heroin and cocaine will command much stiffer sentences than drugs like marijuana.
New York law is quite specific in terms of what makes for a drug distribution or manufacture charge to be levied against someone. You are looking at three main scenarios, only one of which must be met in order for an arrest to take place. Each of the three requires the distribution of drugs to be in excess of $75,000. For the first category, being accused of directing a drug distribution ring, the value of the drugs distributed must be in excess of that amount within a twelve month period. The second category involves distributing drugs in one deal that are valued at more than $75,000, while the third category would result from you being caught with that same amount in drugs with the intent to distribute them.
Any conviction of distributing or manufacturing drugs in New York is considered to be a felony that is punishable by jail time. The actual length of the sentence will depend on a variety of factors. A first offense usually carries a more lenient sentence, but that depends on the amount and type of drugs that were involved. The lowest level offense is considered drug distribution in the fifth degree. If you are convicted of this crime, you are looking at a minimum of a year in jail, and a maximum of 30 months. This is in addition to what can amount to a hefty financial penalty as well.
The most severe charge in this category is drug distribution in the first degree. If convicted, the minimum prison sentence is eight years for a first offense, and up to a possible twenty years. This charge is typically reserved for individuals that are considered not to be a major drug distributor. If you are considered a major player, or if this is your second offense, then you are looking at a minimum of twelve and maximum of twenty years in prison. A third felony drug distribution charge will carry a minimum of fifteen years to life in prison.
Possible Defenses That Can Be Considered
Remember that being charged with drug distribution does not make you guilty. You have possible defenses that can be considered, beginning with the way that evidence was collected. You must also be shown to have an intent to distribute the drugs, and the burden of the proof to show that you are guilty lies with the prosecutor.
How Can Brooklyn Distribution and Manufacturing Lawyers Help You?
As soon as you are charged, it is important to contact a Brooklyn distribution and manufacturing lawyer for guidance. You will need a professional and experienced attorney to examine the evidence and decide on the most plausible line of defense. Contact our office today.
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