Drug charges are always serious regardless of the type of drug being used as evidence in the prosecution. While marijuana is being slowly legalized to a certain degree across the United States, the truth is that federal laws making marijuana a banned substance are not being adjusted. Even though Congress has not bothered to follow suit regarding national marijuana allowance and ultimate control, the Department of Justice has still largely taken a position that the states can implement the new products into their economies without national legal intervention for the time being. However, selling and transporting marijuana in states where medical or recreational marijuana is not authorized is still completely against the law on both levels and sales without a valid state license is still illegal in the authorized states. In addition, most states only allow authorized growers to produce marijuana in designated locations, meaning that growing unauthorized marijuana is also still illegal even in the allowed states. What this means is that many people who attempt to skirt the law are still arrested and charged when found in violation of marijuana laws. This is especially true in New York, and defending charges successfully always takes an aggressive New York City criminal defense attorney
handling your case.
Charges for minimal marijuana possession are relatively low in the New York state court system. The threshold for possession is set at 25 grams, with anyone being convicted for a first offense being fined $100. The fine increases to $200 for a second and $250 for a third conviction under 25 grams with the potential for 15 days in jail as well for the latter. This level of possession is not even classified as a misdemeanor. The criminal classification begins when a charge for possession of an amount over 25 grams to two ounces occurs. Possession of amounts between two and eight ounces are still processed as misdemeanors, but the fines are increased significantly and they can carry an extended jail term as well. These sentences are incarceration up to three months for between 25 grams to two ounces, along with one year between two and eight ounces. In addition, fines can increase to $500 and $1000 respectively. Even though these crimes are prosecuted as misdemeanors, they are still considered drug crimes and can impact certain eligibility for government programs and employment possibilities. And, charges for possession of more than eight ounces are prosecuted as felonies with a maximum sentence of one year in a state facility. Having an experienced New York City criminal defense lawyer means all evidence brought in the charge can be evaluated for admissible status and potentially be dismissed or result in a reduced charge.
Sales and Trafficking Charges
Sales of marijuana in small amounts is not always prosecuted as a felony, but the penalties for a conviction of selling even a minimal amount can still produce a $500-$1000 fine depending on the amount sold. The sale of less than 2 grams can result in 90 days in jail with a selling conviction for amounts between 2-25 grams carrying up to one year incarceration. Felony charges begin for sales of over 25 grams, which is generally just under one ounce. Convictions for selling 25 grams to four ounces can result in sentences of four years incarceration, with amounts between four ounces and one pound carrying a potential for seven years. Both charge levels can also result in a maximum fine of $5000. Felony trafficking charges apply when being charged with the sale of over one pound, and a conviction can carry a minimum jail sentence of 15 years incarceration up to a 25 year maximum. In addition, fines can range from $5000 up to $100,000 when trafficking in copious amounts of marijuana.
It is clear that a marijuana conviction of any level can create a significant hardship on defendants and their families, and fighting any charges can be an investment in your personal future. Evidence used as a basis for charges can always be questioned by a New York City criminal defense lawyer, including evaluating the method in which the marijuana was seized. Search and seizure is a very contentious contemporary issue in New York, and it takes solid representation to have all evidence evaluated properly for a potential case dismissal or plea arrangement.
If you’re facing charges for possession in New York City, you could face years in jail, fines up to $100,000, and a criminal record. With so much at stake, you need a possession attorney in New York City who can help you avoid possession charges. While New York State has relaxed some of its mandatory minimum drug laws, individuals who are charged with serious or minor drug crimes may still face significant consequences. Carrying even a small quantity of illegal drugs in New York City can result in life-changing penalties. The Spodek Law Group, P.C. are possession attorneys in NYC who can assist you.
New York City Possession Laws
New York possession laws divide possession charges into different classes. The amount of time behind bars you’ll face will depend on the amount of drugs you were carrying, the kinds of drugs that were found in your possession, and whether you were selling drugs. For instance, criminal sale of a narcotic drug, methamphetamine, stimulant, LSD, hallucinogens, or methadone can lead to a 20 year prison term. If you are arrested while in possession of 8 ounces or more of a narcotic or 5,760 milligrams or more of methadone, you also face Class A-I felony charges, which carry 20 year sentences. Other drug crimes carry sentences ranging from one year to 20 years. For many drug charges, prison sentences are just the beginning. Having a criminal record can impact your ability to be hired, can affect your qualification for certain federal aid programs, and can tarnish your reputation. A NYC possession attorney can review the details of your case and plan the best course of action going forward. The Spodek Law Group, P.C. will take the time to understand the unique circumstances of your case and will fight for your rights.
NYC Marijuana Possession Laws
New York City has relaxed some of the more serious penalties for marijuana possession. If you’re caught carrying less than 25 grams of marijuana, you’ll face no criminal charges. However, individuals in New York City can still be arrested for marijuana possession for selling the drug, or for carrying larger quantities. Additionally, if you are caught with less than 25 grams of marijuana for a third time you can face up to 15 days in jail. If you’re caught selling or trafficking large quantities of marijuana, you can also face serious jail time. Trafficking any amount of marijuana in NYC can lead to a 15-25 year jail sentence and a felony record. Additionally, being found with drugs near a school zone or driving while under the influence of drugs can lead to more serious charges. If you’re facing any serious marijuana charge, you need a possession attorney on your side. The Spodek Law Group, P.C. works closely with individuals facing criminal charges and can help you.
Protecting Your Freedom
If you’re facing possession charges, federal drug charges, or have been arrested for possession in New York City, it is important to understand your rights. For one, you are innocent until proven guilty in a court of law. Secondly, you also have the right to remain silent. Finally, you have the right to seek representation from a possession attorney. A possession attorney in New York City can use several legal tactics or strategies to protect your rights. Each case is unique. The Spodek Law Group, P.C. will offer your case the personal attention it deserves and then plan the most prudent course forward. In some instances, this will mean making a plea deal, while in other cases, this will mean fighting for your acquittal in court. Contact the Spodek Law Group, P.C. today to receive the personalized legal defense your deserve.
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