(Last Updated On: October 13, 2023)Last Updated on: 13th October 2023, 02:02 am
Brooklyn Heroin Possession & Trafficking Lawyers: Your Guide to Navigating Heroin Charges
Being charged with heroin possession or trafficking in Brooklyn can be an incredibly stressful and frightening experience. Heroin is classified as a Schedule I controlled substance under New York law, meaning it has no accepted medical use and carries strict criminal penalties. Even a minor heroin charge can completely upend your life and leave you facing years behind bars if not handled properly.That’s why it’s absolutely crucial to have an experienced Brooklyn heroin crimes defense attorney on your side to protect your rights. The stakes are high, but an attorney can often help mitigate or even dismiss your heroin charges through effective defense strategies. This article provides an overview of heroin laws in Brooklyn, potential penalties, and how a knowledgeable lawyer can assist in developing your strongest defense.
Heroin Possession Laws and Penalties in Brooklyn
Simply possessing any amount of heroin, no matter how small, is a criminal offense in New York. Heroin possession charges can include:
- Criminal possession of a controlled substance in the 7th degree – When you possess a small amount of heroin weighing less than 500 milligrams. This is a Class A misdemeanor punishable by up to 1 year in jail.
- Criminal possession of a controlled substance in the 4th degree – When you possess between 500 mg and 8 ounces of heroin. This is a Class C felony punishable by 1 to 5 years in prison.
- Criminal possession of a controlled substance in the 3rd degree – When you possess more than 8 ounces to 16 ounces of heroin. This is a Class B felony punishable by up to 9 years in prison.
- Criminal possession of a controlled substance in the 2nd degree – When you possess half an ounce to 4 ounces of heroin. This is an Class A-II felony punishable by 3 to 10 years in prison.
- Criminal possession of a controlled substance in the 1st degree – When you possess 4 or more ounces of heroin. This is a Class A-I felony punishable by 8 to 20 years in prison.
As you can see, heroin possession penalties get harsher as the weight of heroin increases. Even simple possession of a very small amount for personal use can land you behind bars. An experienced Brooklyn heroin crimes lawyer can argue that the heroin was not actually yours, was illegally obtained by police, or other defenses to try to get your charges reduced or dismissed.
Heroin Trafficking Charges in Brooklyn
Heroin trafficking charges are even more serious than possession and involve the sale, transportation, importation, or intent to sell heroin. Even suspected trafficking can result in severe criminal penalties. Under New York law, you can be charged with heroin trafficking if:
- You possess 50 milligrams or more of heroin with intent to sell it.
- You sell any quantity of heroin, no matter how small.
- You import heroin into the state of New York from another state or country.
- You transport large quantities of heroin through New York.
Heroin trafficking is always charged as a felony offense in New York and carries long mandatory minimum prison sentences, including:
- Criminal sale of a controlled substance in the 3rd degree – Minimum of 1 to 9 years.
- Criminal sale of a controlled substance in the 2nd degree – Minimum of 3 to 10 years.
- Criminal sale of a controlled substance in the 1st degree – Minimum of 8 to 20 years.
With such stringent mandatory minimums, even a conviction for a relatively minor heroin sale or transportation charge can put you behind bars for years. An experienced Brooklyn heroin trafficking lawyer can thoroughly analyze the details of your case to find weaknesses in the prosecution’s arguments and build a strong defense to avoid a lengthy prison sentence.
Why You Absolutely Need a Lawyer for Heroin Charges
Trying to navigate heroin possession or trafficking charges without an attorney often ends disastrously. Prosecutors know most defendants lack legal knowledge, and will try to intimidate you into taking a guilty plea that includes massive fines and years behind bars.A knowledgeable Brooklyn heroin crimes lawyer levels the playing field and protects your rights by:
- Conducting in-depth case investigations – Your attorney can dig into the details surrounding your arrest and heroin seizure to identify any police misconduct or other constitutional violations. These can be used to get evidence thrown out or charges dismissed.
- Negotiating with the prosecution – Prosecutors know that a skilled lawyer will put up a strong fight in court. This provides leverage to negotiate reduced charges or sentencing leniency.
- Suppressing illegally obtained evidence – If the police violated your rights by conducting an illegal search or interrogation, your lawyer can file a suppression motion to exclude that evidence from court.
- Examining forensic evidence – Lawyers use experts to scrutinize any lab reports and drug analysis used against you in court and expose any flaws.
- Presenting affirmative defenses – Defenses like being in the wrong place at the wrong time, entrapment by police, or having a valid prescription can beat heroin charges.
- Navigating court procedures – Heroin trials involve complex rules of evidence and court procedures. An attorney handles these smoothly while you focus on your defense.
- Advocating for your best interests – Your lawyer only has one job – to provide the strongest defense against your heroin charges.
Don’t leave your fate in the hands of prosecutors hoping for leniency. An aggressive Brooklyn heroin crimes lawyer can often get charges dismissed or reduced and help you avoid harsh penalties.
Finding the Right Brooklyn Heroin Crimes Lawyer for Your Case
Not all attorneys have the skills and experience to take on heroin charges and win. When researching Brooklyn lawyers, look for these important qualifications:
- Extensive knowledge of New York’s heroin laws – Heroin statutes have nuances that a lawyer must fully grasp to build a strong defense.
- A proven record of success handling heroin cases – Check client testimonials and case results to verify their ability to win.
- Experience with Brooklyn prosecutors and courts – Local knowledge and connections can help in negotiating favorable outcomes.
- Resources to conduct thorough case investigations – Big heroin busts often involve illegal searches, entrapment, or other police misconduct.
- Compassion for clients and families – You need an attorney who cares and will fight relentlessly on your behalf.
- Reasonable legal fees – The costs of legal defense can add up quickly. Look for fair rates and payment plans.
Don’t leave your future in the hands of an inexperienced lawyer or public defender. The consequences are simply too high. Take time to research and retain a Brooklyn heroin crimes attorney with a proven record of dismissing and reducing heroin charges.
What to Do If You or a Loved One Is Charged with Heroin Crimes
Being arrested for heroin possession or trafficking can be one of the scariest moments of your life. Here are important steps to take right away if it happens to you:
- Remain silent – Do not try to talk your way out of it or make excuses. Anything you say can be used to build a case against you.
- Do not consent to any searches – Politely refuse to let officers search your person, belongings, or property. Make them get a warrant.
- Contact a bondsman – Arrange bail so you can get out of jail quickly. Your lawyer can refer a trusted bondsman.
- Be honest with your lawyer – Your attorney is obligated not to share anything you tell them. Do not hold back details, as it hurts your defense.
- Get evidence preserved – Your lawyer can file motions to force the prosecution to preserve all evidence, like recordings, documents, heroin samples, etc.
- Seek drug addiction help – Be proactive about getting counseling and treatment before your court date. It shows the judge you want to get clean.
- Lean on your support system – Don’t isolate yourself. Surround yourself with loving family and friends who build you up.