Being charged with drug possession in New York can have serious consequences. Understanding the concept of “intent to distribute” is crucial if you are facing such charges as it could lead to harsher penalties. Please continue reading as we explore what you should know about these matters and how our experienced Garden City, NJ Drug Crime Attorneys can help protect your rights.
What is New York’s Law Regarding Possession With Intent to Distribute?
Although possessing any controlled substances is a criminal offense in itself, the presence of an “intent to distribute” can elevate the charges, often leading to harsher ramifications. Intent to distribute essentially means that the prosecution believes you possess the illegal drugs intending to sell or give them to others. New York State Law 220.12 defines criminal possession of a controlled substance in the third-degree as knowingly and unlawfully possessing:
- A narcotic drugs with the intent to sell them
- A stimulant, hallucinogen, or LSD with the intent to sell them after having previously been convicted of an offense outlined in article 220 or an attempt or conspiracy to commit such an offense.
- A stimulant with intent ot sell it and said stimulate weights one gram or more.
It’s important to note that several factors may lead law enforcement and prosecutors to suspect an intent to distribute. For example, if you possess a large quantity of drugs, it can suggest that the drugs were not intended solely for personal use. Additionally, items such as scales, baggies, or large amounts of cash can be considered evidence of drug distribution.
What Are the Potential Penalties?
In New York, the penalties for drug possession with intent to distribute are usually much harsher than those for simple drug possession. They can include probation, up to nine years in prison, up to $30,000 in fines, and a permanent criminal record. The severity of the penalties you face will depend on various factors, including the type and quantity of drugs involved, your prior criminal history, and the unique circumstances of your case.
As you can see, possession with the intent to distribute carries dire consequences for those charged in New York. This is a felony charge, meaning you can expect the loss of certain liberties. If you face these charges, it’s in your best interest to reach out to a seasoned Nassau County criminal defense attorney from KCS Law, who will work tirelessly to defend your interests and assist you in navigating the complexities of the legal system. Connect with our firm today to learn more about what we can do for you during these difficult times.
