New York Drug Penalties

It is an interesting time for marijuana and marijuana laws in the United States. Generally, marijuana has become more accessible but that does not mean that people can use drugs without consequence. If an individual is charged with a drug offense, they still face New York drug penalties. A skilled drug lawyer can help mitigate penalties that an individual may face.

Stigma that Accompanies Drug Penalties

If a business or employer finds that the person has been arrested and it relates to heroin, the person has a drug conviction, they may not feel they can trust that person with money.

While it may be blown out of proportion, the person has to be concerned with how people are going to see this in the future. They are not going to want to hire the person with a felony. They are not going to want a person in a hedge fund. They are not going to want to hire the person in the future working with kids such as a psychologist or a psychiatrist, or a nurse, whatever profession a person decides to go into because the person is a drug user or a drug abuser.

It may not be true but, for some people, perception is reality. It is critically important to push back on any drug conviction or New York drug penalties. Instead, an attorney should push for either some form of a dismissal or a non-criminal resolution as to a misdemeanor and certainly the same to a felony if a person can at least lower it so that the person does not have a felony or a misdemeanor conviction for narcotics or controlled substances.

Why Certain Drugs Hold Higher Penalties

Law enforcement from District Attorney’s Offices to police departments keep a watchful eye on the drug trade, narcotics use and controlled substance possession from marijuana to heroin and cocaine to ecstasy because of the adverse and destructive nature of these and other drugs on communities and individuals.

Any time someone dies because of a violent gang-related attack or even an overdose, like an actor who dies from heroin or a young person on abuses Molly and dies at a concert, law enforcement routinely cracks down much harder and puts boots on the ground both in the form of beat cops, plain clothes officers and undercover officers. When they crack down much harder, they arrest more people – sellers and users – because they are more proactive. Ultimately, when the police or prosecutors have task forces or operations targeting neighborhoods, types of drugs or gang, there is a potential for a harsher sentence.

Penalties and Consequences for Prescription Drugs

A person can be charged with a crime for misdemeanor and felonies for possessing drugs that are controlled substances and narcotics. Even if there are prescriptions, it does not give everybody a pass to possess those drugs. Simply, unlawful possession is unlawful irrespective if the drug is given by a doctor at some point in the course of business or it is a controlled substance that by its nature is illegal at all times.

In the context of medicines, as a prescription holder with a valid prescription can have those drugs, but a that same person cannot share or give those medicines to a third party or sell them at any time to anyone. Again, it does not matter in the eyes of the law that the person is getting money for selling a controlled substance or giving it to friends.

All of this is considered a sale and unless the substance is marijuana in small amounts, the crime a seller of any controlled substance faces is a felony. One of the most common crimes is New York Penal Law 220.39, Criminal Sale of a Controlled Substance in the Third Degree. A conviction for this crime has a staggering sentence of one to nine years in prison. If the sale is done on or near school grounds, the crime still remains Third Degree Sale of a Controlled Substance, but the offense is New York Penal Law 220.44 with an enhanced sentencing. Regardless, the person will face severe New York drug penalties.

Value of an Attorney

Routinely, law enforcement will arrest people who are using drugs, especially if they are doing so publicly because they have to. All of a sudden, a little marijuana case becomes an offense ticket and they find the person has a fake ID, and there is an outstanding warrant, or maybe they have a gravity knife, and they have cocaine in their sock or pocket. All of a sudden, a minor arrest can escalate, and the person may find themselves facing severe felony charges and severe New York drug penalties. That is where a drug lawyer can help. A qualified drug lawyer can work diligently to build an individual’s case and mitigate potential penalties that they might face. If you are facing drug charges, get in touch with an attorney today.