Navigating the complexities of drug possession charges in New York can be tricky. If you are facing drug possession charges, it’s crucial to understand what you can do to shield yourself from an uncertain future. Please continue reading as we explore the penalties for the possession of illegal drugs in New York and how our experienced Garden City, NY Drug Crime Attorneys can help protect your rights.
What Penalties Can I Expect if I’m Convicted of Drug Possession in NY?
In New York, the penalties you can face for drug possession depend on the quantity of the drugs involved as well as other circumstances. Like many states, New York divides controlled substances into five categories called “schedules.” Drugs are divided into these penalty groups based on whether they have a currently accepted medical use, their relative abuse potential, and the likelihood of causing dependence when abused.
- Third-degree felony: One-half ounce or more but less than 4 ounces of a narcotic drug, punishable by up to nine years in prison and a fine of up to $30,000.
- Second-degree felony: 4 or more but less than 8 ounces of a narcotic drug, punishable by up to ten years in prison and a fine of up to $50,000.
- First-degree felony: 8 or more ounces of a narcotic drug, punishable by up to twenty years of imprisonment and a fine of up to $100,000.
It’s important to note that as you move further up the schedule, the penalties become more severe. Schedule I lists the most dangerous drugs because they have the highest probability of abuse and addiction and no recognized medical value, while Schedule V drugs have the lowest potential for abuse.
What Can I Do to Help My Case?
In the unfortunate event that you have been arrested for possession of a controlled substance in New York, it’s crucial to understand your rights. As a criminal defendant, you are afforded certain constitutional protections. Under the Fifth Amendment of the United States Constitution, you have the right to remain silent. Essentially, you don’t have to speak with law enforcement. If you are questioned about a crime, you should remember you are only legally obligated to provide basic information. You should avoid making any statements without a lawyer present.
From here, you should note that under the Fourth Amendment of the U.S. Constitution, you are protected from unreasonable searches and seizures. To search and seize something, law enforcement must have a search warrant or probable cause to believe a crime has occurred. If you believe your rights have been violated, an attorney can file a motion to suppress evidence, which can potentially weaken the prosecution’s case against you.
Under the Sixth Amendment of the United States Consitution, you are guaranteed the right to legal representation. Connecting with a seasoned criminal defense attorney is one of the most important things you can do to bolster your case, as it can provide you with the best opportunity to shield yourself from an uncertain future. An attorney will examine the facts of your case, looking for every possible avenue of defense. Contact the dedicated team at KCS Law today to learn more about what we can do for you during these tough times.
