The state of New York is tough on drug possession. They aggressively prosecute those who have heroin, crack, cocaine, ecstasy, LSD, or other controlled substances in their possession. Being arrested for drug possession can be a frightening experience. Even the smallest amount on your persons can lead to serious criminal charges. Whether it is a misdemeanor or a felony case does not matter; you need legal representation.
Understanding §220 of The New York Penal Laws
This state refers to narcotics like LDS, cocaine, and heroin. Marijuana is not considered a controlled substance and it has its own set of laws. There are six levels of criminal possession. They start from the seventh-degree misdemeanor and go down to a first-degree felony. To be prepared for your day in court, you need to understand the consequences of having drugs on your person. All of this information can be found in the New York Penal Laws section §220.
•Seventh Degree – Class A Misdemeanor – This is having any drug, besides marijuana, in your possession.
•Fifth Degree – Class D Felony – This charge will be for anyone who has an intent to sell and a large amount on their persons. It includes 500 mg or more of cocaine, 50 mg of phencyclidine, and over 1,000 mg of ketamine.
•Fourth Degree – Class C Felony – Having narcotics that weigh over 1/8 of an ounce or any mixture that is at least a ½ ounce. Carrying one gram or more of any stimulant, LSD, or 25 milligrams or more of any hallucinogens.
•Third Degree – Class B Felony – Having narcotics with the intent to sell. It can be a mix of hallucinogens or stimulants. Many in this charge have previous drug convictions. Amounts can include five grams or more of stimulants or hallucinogens, five milligrams or more of LSD, and 1,2500 milligrams or more of phencyclidine.
•Second Degree – Class A-II Felony – Having any narcotic mix that weighs at least four ounces. A mixture over two ounces that is a methamphetamine. Having more than 10 grams of a stimulant, 25 milligrams of LSD, or 2,800 milligrams of methadone.
•First Degree – Class A-I Felony – Having a narcotic mixture that weighs over eight ounces, or having 5,760 milligrams or more of methadone.
Under section §220.25 of the NY penal law, anyone that has a drug in their car is said to be evidence of a known possession. This excludes those that have a prescription for the drug or passengers who are concealing a drug from the driver.
Marijuana Charges In Manhattan
The traditional drug possession laws do not apply to marijuana. Its classifications are as follows:
•Fifth Degree – Class B Misdemeanor – Having more than 25 grams and using it in a public place.
•Fourth Degree – Class A Misdemeanor – Having possession of more than two ounces.
•Third Degree – Class E Felony – Having more than eight ounces, or a half pound, in your possession.
•Second Degree – Class D Felony – Possessing more than 1 ounces or a pound.
•First Degree – Class C Felony – Possessing or transporting more than 10 pounds, or 160 ounces, of marijuana.
Sentences and Fines
A felony drug conviction in New York will be either a fine of $5,000 or double the amount that you gained through the offense. These laws can be found under the New York Penal Law §80.00. Expect fines and jail time as follows:
•Class C Felonies – 15 Years in Prison and a $15,000 Fine
•Class B Felonies – 25 Years in Prison and a $30,000 Fine
•Class A-II Felonies – 25 Years in Prison and a $50,000 Fine
•Class A-I Felonies – 25 Years to Life in Prison and a $100,000 Fine
Though these are the maximum sentences, our attorneys may be able to help you get these charges reduced or dismissed. If you have been charged with possession or narcotics or marijuana, you need to get legal help immediately.
Crystal meth is a very powerful and addictive drug that is fairly easy to obtain. In addition to its availability, crystal meth is cheaper than many other drugs and is made with household chemicals that are found at the local drug store. The following is an overview of the effects crystal meth has on the body and the charges you may face if caught with it in your possession. If you are facing possession charges, it may benefit you to speak with a criminal defense lawyer for advice before entering a plea.
Short Term Effects
Crystal meth is also known as ice, meth or speed and can be smoked, snorted, injected or taken by mouth in pill form. The short term effects of this drug are:
Long Term Effects
Like most drugs, the long term effects of a crystal meth addiction can be especially damaging to the body. The most common long term effects associated with meth use includes:
Crystal meth use can be divided into several different categories, depending on how much someone uses. These groups include:
These users typically use meth just enough to stay awake for tests or to lose weight. Low intensity users tend to snort or swallow the drug.
High intensity users are highly addicted to crystal meth and need more of the drug each time to get the same effect. Most of their time is spent focusing on obtaining the drug to avoid the crash and withdrawal symptoms.
Binge users most often smoke meth or inject it into their veins with a needle. Someone who uses meth in this way is one step away from becoming a high intensity crystal meth addict.
Drug possession charges can drastically change your life in a negative way. Because crystal meth is labeled as a dangerous drug, the penalty for possession are typically harsh. Even if you are found with less than 1 gram of the drug, you will be facing substantial jail time and hefty fines. A drug possession charge can also keep you from getting the job you want and even affect your ability to rent an apartment or house. You could even risk losing custody of your children if the situation warrants it.
What A Lawyer Can Do
If you are facing crystal meth possession charges, do not be bullied into making a statement or confession without speaking to a criminal defense attorney. Your future and freedom are at stake, so it is important to have high quality legal representation in court. Your lawyer may be able to negotiate a deal that significantly lowers your fines, jail time and probation period. Do not take a chance with your freedom and your future, when a criminal defense attorney may be able to help you lower your charges and penalties.
Contact a criminal defense attorney today to discuss your case if you are facing charges for crystal meth possession or distribution with intent to sell. Having a lawyer to look out for your best interests may greatly improve your chances of having a successful outcome in court. Hiring an attorney may also help reduce the stress and anxiety that is a part of every criminal court case.
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