New York Drug Possession Penalties

Drug possession is a serious crime in the state of New York. New York drug possession penalties can be quite severe and have life changing consequences. If you have been charged with drug distribution, get in contact with a distinguished drug possession lawyer who can mitigate these potential penalties. A drug distribution lawyer will be able to fight for you.

Factors that Impact Drug Possession Charges

The weight of the drug, the amount of the drug that is sold or possessed, and associated crimes such as murder, assault, weapon possession, the number of sales or the number of times the person possessed it, are all things that could impact the severity of someone’s drug possession charges.

It is possible that a search warrant is conducted on a phone, which is essentially a computer. Those records can be retrieved or the person is being watched by law enforcement who are videotaping and may have arrested the person for the first time.

If the person is arrested multiple times, that is a big conspiracy-type case for the enterprise that they are going after. It is not one sale of the one person but there are many sales for many people. Ultimately, the person is arrested with a lot of drugs and a lot of money is recovered. Cars are recovered, so watches, cash, et cetera.

Penalties for Charges

New York drug possession penalties can be as little as a misdemeanor which is up to one year in jail. The penalties could also be as much as a C felony which is multiple years in state prison.

Consequences of Conviction

An individual can be forced to go into probation, to be monitored, to need rehabilitation. There are drug programs. Even if it is a one-time occurrence and the person gets caught, a person does not want to have a criminal record that sticks with them.

A person does not need a criminal defense attorney to tell the person that their prospects of getting a job and going to graduate school and be successful in life will be compromised with any conviction, especially those involving drugs, because the perception is going to be that the person cannot be trusted and has an addiction.

Diversionary and Alternative Sentencing Programs for First Offenders

As an alternative to New York drug possession penalties like jail, alternative sentencing programs do exist. There are many different ways for an individual to pursue diversionary and alternative sentencing programs to get the person help if needed. That could also limit the person’s exposure on a criminal case.

The person should be speaking with an attorney immediately because if a person has a drug problem, they do not want to wait four months down the road to start asking and pursuing this; they may have lost the opportunity.

Important Information About Possession Laws in New York

Simple possession is a crime. There is no such thing as personal use possession or simple possession. Any time a person has a controlled substance, it is a crime. One does not have to be exchanged. Even for one tab, one baggie, one glass, one hit, it is a felony.

Prescription drug abuse is no worse a crime. There are prescription drugs that lead to misdemeanors. If a person is selling or possessing drugs that they are not supposed to, they are not entitled to it and they do not have a prescription for it.

Just because they or a family member have it in a cabinet does not mean that they can take it and sell it to someone. Similarly, they cannot possess it, or steal it, from someone else’s cabinet, that is a crime.

Mistakes to Avoid

Why? That person may not be hurting anybody but police have seen the events from the harvesting and production to the violence and, often, sex abuse and prostitution, and all different other things that are associated with the drug world and it ends up in their hands.

Law enforcement, DAs and prosecutors, and police, and jurors sometimes believe if they stop the end user and limit the demands, they can thereby limit the supply.

Benefits of a Lawyer

Being charged with drug possession is hard enough, but facing charges with the threat of penalties looming over your head. The pressure can be overwhelming which is why it is vital to have a New York drug lawyer on your side. A skilled lawyer can defend you from New York drug possession penalties and will fight for you.