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NYC Heroin Lawyers

Heroin is addictive because it is similar to opium and morphine, which are derived from the poppy plant. It is a Schedule I controlled substance as stated in New York law and federal law. Because heroin is so addictive, law enforcement officers and prosecutors take aggressive action against those in possession of heroin.

The New York Penal Code categorizes controlled substance offenses into different classifications. When an individual is charged with a crime that is related to the drug, it could be because of possession, distribution, or possession of drug paraphernalia.

Heroin Possession in New York
According to the New York Penal Code, possession of heroin is a criminal offense that is classified as criminal possession of a controlled substance. There are four offenses related to heroin, and the severity of the charges are determined by the amount of heroin that was found on the accused. Those in possession of large amounts of heroin will result in stricter penalties than those found with small amounts.

The four charges that are related to heroin possession include criminal possession of a controlled substance in the:

Fourth Degree
If an individual is found with at least an eighth of an ounce of heroin, he or she will be charged with this offense. The consequences of this charge could result in up to 15 years in prison since it is a Class C felony as stated in New York Penal Code 220.09.

Third Degree
Those who are found with at least a half of an ounce of heroin will be charged with third degree criminal possession of a controlled substance. With this charge, those convicted could face up to 25 years in prison, as it is a Class B felony.

Second Degree
If an individual has at least four ounces of heroin in his or her possession, it is a Class A-II felony charge that could lead to a life sentence in prison and a maximum fine of $50,000.

First Degree
When individuals are found with at least eight ounces of heroin in their possession, they will face a Class A-I felony charge. Criminal possession of a controlled substance in the first degree can lead to a life sentence in prison and a fine of $100,000.

Selling Heroin
If an individual sells heroin, the charge will be classified as the criminal sale of a controlled substance. In addition, the penalties for selling heroin in New York are much more serious than possession of the drug.

The consequences for selling heroin are as follows:

If you sell less than a half of an ounce of heroin, you will be charged with criminal possession of a controlled substance in the third degree. Although this is a possession offense, those who have less than a half of an ounce of the drug (with the intent to sell) will face this charge.

Those who are found selling at least a half of an ounce of heroin will be charged with criminal sale of a controlled substance in the second degree. This is a Class A-II felony.

Those who sell at least two ounces of heroin will be charged with criminal sale of a controlled substance in the first degree.

Other Considerations
If an individual is charged with a criminal offense that is related to drug paraphernalia, he or she will be charged with criminally using drug paraphernalia in the second degree or criminally using drug paraphernalia in the first degree. Drug paraphernalia that is commonly related to heroin is the equipment that is needed to make, package, and distribute the drug.

If you are facing a heroin charge in New York, the Spodek Law Group is a team of skilled attorneys with over 40 years of experience in criminal defense cases.

by Leonard on Spodek Law Group
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