Currently, New York State punishes and classifies drug offenses among the three elements. One is what we call straight possession. Possession of a controlled substance, on a schedule 1-4, different types of substance, if you’re in possession of it correlates to the sentence and penalty.
The second aspect of a drug offense in New York State has to do with possession, but with an intention to sell it. That’s determined by how it is packaged, the quantity of it, statements you may have made or other people have attributed to you.
The third element of a drug offense in New York State is the sale of a controlled substance. You might be surprised to learn that if I hand you a controlled substance for no charge, as a friendship, I have sold you a drug and will be punished, and can be prosecuted as the sale of a drug.
Drugs are furthered classified in New York State depending on their alleged severity. Heroin will be more severely prosecuted than Xanax. They’re on a different drug schedule based on the Public Health Law of New York State. Virtually every drug offense has numerous defenses. You should really speak to us, and we can develop the defenses with you.
If you are convicted in New York State with a drug possession charge, there are different classes that this charge may fall into. Class A felony is the possession of 8 or more ounces of a narcotic and can result in a fine of $100,000 or anywhere between 8 and 20 years in prison. On the opposite end of the spectrum, there are other felonies listed under everything from Class B to Class E felonies. Those sentences result in at least one-year minimum in prison or a fine of anywhere between $15,000 and $30,000.
If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.