Spodek Law Group

Queens Drug Possession Lawyers

Criminal possession means having a controlled substance in your possession, and is a serious crime. It’s a misdemeanor/felony in NY. The severity of the charges for drug possession imposed by the court upon conviction for drug possession will vary, and depend, on the type and amount of substance involved. Your past record, will also influence the final sentencing. The charges vary, and possible penalties vary – depending on the situation – at the end of the day though, it’s highly recommended you hire your very own drug possession attorney. After you get arrested, you have the right to your very own drug possession lawyer – who will represent you. You are eligible for your own private counsel, or a court appointed attorney. The quality of the attorney you hire will greatly impact your final sentence, or whether the case is dismissed.

When you hire the Spodek Law Group – you are hiring a professional, and award winning, Queens drug possession attorney who will handle your case, and protect your rights. You are hiring someone who will help have the charges reduced, or the case dismissed entirely. We can help you no matter the nature, or severity, of your drug possession case. There are a number of factors we will take into account when helping establish your innocence, i.e. wrongful arrest, or other factors. We look at the big picture, i.e. the location of your arrest, prior criminal record, the amount of controlled substance, and the manner in which you were searched/arrested/question in order to help dismiss the case.

Penalties and Charges

New York State Penal Code §§ 220.00-220.25 defines the criminal possession of a controlled substance with a wide array of charges and penalties. The two primary variables that impact the charges/sentences are – the type of substance, and the amount. In addition, whether the government thinks you were trying to sell the drug also matters.

Drug Possession in Seventh Degree

Criminal possession in the seventh degree is the least serious of all charges, and it involves the possession of any amount of a controlled substance. It’s considered a class A misdemeanor, with a max penalty of one year in jail, and a fine up to $1000. If this is your first offense, you can qualify for drug treatment instead of incarceration.

Fifth Degree Drug Possession

Possession in the fifth degree involves possession of any amount of a controlled drug with intent to sell, possession of half of an ounce of narcotic drug, possession of 500 mg or more of cocaine, possession of ketamine, possession of 50 mg or more of PCP, or possession of 28 grams or more of a substance containing GHB. This is a class D felony, and it’s punishable by up to 7 years or more in jail.

Felony Drug Possession in NYC

As the amount of drug in your possession increases, so do the charges and penalties. Possession of a substance in the 1st degree, is the most serious of drug possession charges in queens, and it’s highly recommended you hire a Queens drug possession lawyer – since you could face life in prison, and a fine of up to $100,00. This involves possession of 8 ounces or more of a narcotic drug. Narcotic drugs can be any drug listed in Schedule I(b), I(c), II(b) or II(c) of the New York State Controlled Substances Act, other than methadone.