Brooklyn Drug Possession Defense Lawyer
State and federal drug possession regulations and laws state that it is a crime for U.S. citizens to carry willfully, traffic, or use illegal substances. The unlawful stuff includes marijuana, cocaine, heroin, “club drugs,” methamphetamine, and LSD. The Controlled Substances Act (CSA) enacted in 1970 outlaw the ownership of “precursor” chemicals that drug traffickers use to cultivate or manufacture drugs.
New York Penal Code and Drug Laws
The state of New York Penal Code has six categories of drug possession charges. The laws classify drugs crimes into the first-degree controlled substance ownership. A first-degree marijuana possession offense exists too. Residents of Brooklyn can also face drug-related misdemeanor offenses, minor marijuana ownership charges. However, most citizens caught with drugs struggle with felony proceedings.
To help you understand the operations of the NY penal code, our Brooklyn criminal defense attorneys provide the breakdown of the class A-1 to Class E felonies as well as the penalties that the defendants can suffer.
• Class A-I drug possession felony: A maximum $100,000 penalty, 15-40 years jail term, or a life sentence.
• Class A-II felony can invite a fine of up to $50,000, 3-8 years in jail, or a life sentence.
• Class B drug possession conviction means the culprit may get one to 25 years imprisonment or a fine of $30,000 maximum.
• A defendant in a Class C felony may get a jail term of one to 15 years or a fine not exceeding $15,000.
• If you face Class D criminal allegations, you can suffer a prison sentence ranging from one to seven years or a fine not surpassing $15,000.
• The consequences of a Class E felony conviction result in a jail term between one and four years or a fine not more than $15,000.
How do Prosecutors Classify Drug Possession Crimes?
The Brooklyn, NY, prosecutor or magistrate rely on the type and quantity of the drug you possess to categorize your charges. For example, the class A-1 drug ownership felony will face the residents caught with narcotic substances measuring eight or more ounces. You will face A-1 criminal charges if you possess at least 5,760 milligrams of methadone. Possessing marijuana can lead to a 15 days imprisonment or a $250 minimum.
Brooklyn Drug Possession Defense Lawyers
You can only defend yourself when you understand what it means to possess drugs. The law takes illegal substance possession as both physical or “constructive.” The constructive principle will come into play when the defendant exerts control on the place or person carrying drugs. For example, the citizen with the keys to a drug safe or container may face prosecution. The law can apply to the employer of the drug traffickers too. Typically, New York residents will have trouble with the law for the reasons below:
• You carry, sell, buy, or possess a controlled substance.
• The defendant knew that the stuff is unlawful.
• An accused person stored or forced another resident to keep or carry the drug.
At the Spodek Law Group, we have over 40-years of experience defending persons accused of drug-related crimes on the following grounds:
• The defendant lacked the knowledge about the substance being an illicit substance.
• You had lawful and temporary possession.
• The stuff is prescription medicine.
• Your stuff constitutes an insufficient quantity to warrant prosecution.
• Initiate defense on infancy grounds for residents below 16 years.
Consult a Brooklyn, NY Criminal Defense Lawyer
Our attorneys will study the particulars of your charges to develop a robust defense strategy. We can also establish procedural mistakes during the search or seizure of illegal substances. Your presence in a vehicle or house with drugs can lead you to problems. If you face a drug offense investigation or prosecution, call us for a free no obligation legal guidance on 888-997-4071.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic