Not all drug offenses are created equal. This is especially true when you are accused of selling or manufacturing drugs. New York drug laws are notoriously strict and the likelihood of you spending time in prison if convicted of an offense like this is pretty high. Discussing all of the details of your case with a criminal defense lawyer is a step in the right direction, potentially saving you from the worst penalties possible.
Police, prosecutors, and even judges take drug crimes like distribution very seriously. In an effort to keep drugs off the “streets”, the criminal justice system penalizes the drug dealers and suppliers with a much heavier hand than the drug users.Charged with a crime in New York? Please call (888) 435-4744.
You might not consider yourself a drug dealer. Sometimes simply having a certain quantity of drugs can be enough to face one of these higher level drug charges. Even how the substance is packaged (such as multiple smaller bags) can lead to an unwarranted felony drug charge under New York State law that is unsupported by the facts.
One defense strategy for challenging a drug distribution charge is arguing your intention with the drugs was individual use, which could help us get your charges reduced.
Depending on the facts of your case, your defense lawyer could also challenge the legality of the search that lead to your arrest. The police have to follow very strict protocol when it comes to searching people. One misstep and the case could be worthless.
And of course, police often make the mistake in drug cases of arresting anyone even near drugs, whether or not they were in possession of the drugs, or even knew they were there. If you are living in a house with a roommate where drugs are stashed without your knowledge, you could be wrongfully accused or a serious drug offense.
Being charged with drug distribution is just the beginning. Contact us today to learn what options may be available to you and how we might be able to help you minimize the impact this case has on your life.
New York Drug Distribution – Penalties
The penalty and charge you face for distributing a controlled substance depends on what that substance is and how much you had.
|2 oz. or more of narcotics or 2,880 mg. of methadone||Criminal Sale 1st Degree – A1 Felony|
|.5 oz. or more of cocaine, heroin, or meth; 5 mg or more LSD; 5 grams or more of a stimulant; 125 mg. or more hallucinogenic; or 360 mg or more methadone||Criminal Sale 2nd Degree- A 2 Felony|
|Any narcotic drug, any stimulant or hallucinogen with a prior conviction, .125 oz. methamphetamine, 1 mg. or more LSD, or any narcotic to a person under 20 years old||Criminal Sale 3rd Degree- B Non-violent Felony|
|Any narcotic, methadone, concentrated cannabis, or PCP (when there is a prior similar conviction)||Criminal Sale 4th Degree- C Non-violent Felony|
|Any other drug sale||Criminal Sale 5th Degree- D Non-violent Felony|
Ref: NY State Law §220
Circumstances like selling in a school zone will serve to increase the potential penalty against you for a drug distribution charge. Even if you had no idea you were near a school.
Drug laws like these can be complex and confusing. This page is designed to provide a general overview. But the only certain way to know what you are up against is to discuss the details of your case with a New York criminal defense lawyer experienced in defending drug charges.
Contact our offices today to discuss the charges against you and how we might be able to help.