NYC Heroin Possession Lawyers
What charges can I face if I’m found with heroin in my possession?
Heroin is classified as a schedule I controlled substance. It is also known as tar or smack. New York penal law section 220 makes it a crime to knowingly and unlawfully possess heroin. Possessing even a small amount of heroin and receiving a subsequent conviction can negatively impact your future and opportunities. It is imperative if you are charged with heroin possession to have an experience heroin possession lawyer in New York who can defend you and prevent it from ruining your future.
Is it a misdemeanor or a felony to be charged with heroin possession?
All crimes related to possession of a controlled substance are felonies of the first, second, third, or fourth degree. All convictions have serious penalties that can cause you to spend years in prison. The specifics of the charge indicate the penalties that you face if you’re convicted. A lawyer experienced with heroin possession cases in New York can bring challenges and defenses in court to help your case.
What is criminal possession in the first degree?
The most serious charge is criminal possession of a controlled substance in the first degree. The law requires you to possess at least eight grams of heroin to be charged with first-degree criminal possession of a controlled substance. The charge carries a penalty of a possibility of life in prison if convicted.
What is criminal possession in the second degree?
Criminal possession of a controlled substance in the second degree also carries a potential of life in prison since it is a class B drug felony. You can be charged in the second degree if you have four ounces of heroin in your possession.
What is criminal possession in the third degree?
If you have at least ½ an ounce of heroin, you can be charged with criminal possession of a controlled substance in the third degree. It is a class B felony according to New York Penal Law section 220.16. It carries a sentence of up to 25 years in prison.
What is criminal possession in the fourth degree?
If you have 1/8 ounce of heroin, you can be charged with criminal possession of a controlled substance in the fourth degree. Under N.Y Penal Law section 220.09, it is a class C felony with a penalty of up to 15 years in prison.
Can I receive alternative sentencing if I receive a heroin possession conviction?
Being convicted of heroin possession in New York can include fines, probation, and/or prison. An experienced attorney can inform you that you might be eligible for drug treatment as an alternative to serving a prison sentence. The judge will sentence you based on the circumstances of the case, your past criminal history, and other influential factors. The option of alternative sentencing is limited to low-level drug offenses and those convicted of them.
Contact the Spodek Law Group
Receiving a heroin possession conviction is serious and can haunt you for years. On top of dealing with prison, you will have a permanent criminal record that can make it difficult to find housing or a job. It’s essential to have appropriate representation if you’re charged with heroin possession. The attorneys at Spodek Law Group have multiple offices in New York City and have years of experience helping those facing charges for drug crimes. Contact us now at 1-888-908-3274 for your free consultation regarding your case.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic