Many factors determine the seriousness of drug charges in New York City, with penalties ranging from a misdemeanor, which in some cases can result in up to a year in jail, to serious felony charges carrying lengthy prison sentences.
In all cases, a defendant is best served by seeking the early help and advice of a New York City defense lawyer. In many cases, a reduction or even dismissal of criminal charges may be possible. Additionally, there are a number of other options for defendants facing drug charges, including NYC Treatment Court and diversion programs.
The seriousness of a drug offense depends on a number of factors, including type and weight of drugs involved, whether distribution or drug sales is alleged, proximity to a school, presence of paraphernalia, and a defendant’s prior criminal record.
Article 220 of the New York Penal Code outlines drug offenses, which include:
- Possession of a (small amount of) controlled substance (Class A misdemeanor - 1 year in jail).
- Possessing a controlled substance with intent to sell. (Class D or C felony up to 5.5 years in prison).
- Possession of larger amounts of various drugs (Range up to Class A felony with up to 20 years in prison or more).
- Possession of marijuana (1 to +10lbs (Class D or C felony with up to 5.5 years in prison).
- Possession on or near a school, day care, or public area (Class A or B felony with up to 20 years in prison).
- Sales of controlled substance to minors (Ranges up to Class B felony with up to 9 years in prison.
- Using a child to commit drug crimes (Class E felony with up to 1.5 years in prison).
- Manufacturing methamphetamine (Class D felony up to 2.5 years in prison with enhancement for involving minors or having prior convictions).
- Major trafficking (Class A felony with minimum 15 years in prison).
In most cases, having a prior drug conviction will result in significantly enhanced penalties, including an additional 1-6 years behind bars. Those with
drug convictions are much more likely to be targeted by police for future enforcement and arrest. Keeping a drug conviction off your record is a primary reason why early consultation with an experienced New York City defense attorney is the best thing you can do to protect your rights.
As a former supervisory assistant district attorney, Jacob Uriel spent 14 years prosecuting sex crimes, major narcotic cases, presenting cases to the grand jury, and as a prosecutor in the felony trial and
vehicular crimes bureaus. Today, he uses his experience as a prosecutor to focus his practice exclusively on criminal defense throughout the metro area, including misdemeanors, felonies, homicides, sex crimes,
domestic violence, drug charges, property crimes and DWI defense.
At Uriel Criminal Defense PC, we believe anyone facing
criminal charges deserves immediate access to an experienced New York City criminal defense attorney and we represent clients throughout New York City and the surrounding areas, including the boroughs of Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We are available 24 hours a day, 7 days a week for a free and confidential consultation to discuss your rights. Call
(833) 733-4448.
