New York Crack Possession Frequently Asked Questions
Can You Be Convicted for even a Small Amount of Crack?
Crack, a deadly version of cocaine, classifies as a controlled substance under New York law. Because of this, it’s a crime to have even a small amount of crack. In fact, based on N.Y. Pen. Law § 220.03, you could face a possession charge for a controlled substance. If you have less than 500 milligrams of cocaine, it classifies as a misdemeanor charge. If it’s a misdemeanor charge, your sentence may not require incarceration. However, if you are convicted, you will still have a criminal record with a drug charge conviction.
Even if you have a misdemeanor charge for crack cocaine, you should find qualified legal representation. Spodek Law Group has experienced and licensed practitioners who will be able to help, and they will even defend your legal rights.
What Other Crimes Can You Be Charged with for Crack?
Along with a misdemeanor controlled possession charge, you also have five other felony drug possession charges. The charges that you face will largely depend on how much crack you were arrested with. Some of the felony crack possession charges include criminal possession of a controlled substance of the fifth degree. This means you were charged with a possession of a minimum of 500 milligrams of crack. That qualifies as a Class D felony.
Next, you have criminal possession of a controlled substance to the fourth degree. For this charge to take place, you had to have had possession of a minimum of 1/8 of an ounce of crack cocaine. Third, you have third-degree possession of controlled substances. For this, you will have had to have had half an ounce of crack to be charged with it. Fourth, you will have a controlled possession, and you will need to have been in possession of four ounces or more. Finally, you have first-degree possession of crack, which means you will have had to have been carrying a minimum of 8 ounces.
Will I Go to Prison for Crack Possession Charges?
A variety of factors will have a say in whether or not you face prison time for crack possession. You absolutely must have a lawyer experienced in law to defend you from these charges and protect your individual rights. Someone with a lawyer can make sure that their rights get protected throughout the court case and during the court sentencing date. The sentencing for these convictions will depend on a number of factors like how much a person was busted with. A first-degree drug possession charge will almost always involve some prison time. For those convicted of a misdemeanor, they may not have to worry as much about prison time. Felony convictions, however, are more likely to send someone to prison. In fact, for first-degree possession of a controlled substance, you could be sent to prison for up to life.
Were All Your Questions Answered?
If not all of your questions were answered, you can call Spodek Law Group for further assistance. We have licensed and qualified attorneys who can help to defend your rights in the court of law. Our lawyers will sit down with you for a free consultation to decide how to best proceed with your case. Charges like this require an experienced practitioner of the law who understands the various laws surrounding your case. In many cases, we have been able to get charges dismissed, but it depends on the circumstances for which someone was charged. We proudly serve the greater New York City area.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic