NYC Crack Possession Lawyers

Crack Cocaine Possession Charges in New York

Crack is a type of cocaine that is made by cooking cocaine with baking soda. Crack is less expensive that cocaine, and it is also highly addictive, so it is a commonly abused illegal substance, especially in New York. It is a schedule II controlled substance, so a conviction for possession of crack in New York can lead to significant consequences. In addition, possession of crack is also a federal offense that comes with much harsher consequences.

If an individual needs legal representation from a criminal defense attorney for possession of crack, it is vital that the attorney is experienced with cases which involve criminal possession of a controlled substance. Due to an individual can be charged violating New York and federal laws if they are found in possession of crack, the importance of legal representation during the proceedings yields the best chances of a successful outcome.

Possession of Crack Crimes in New York

According to the New York Penal Code, possession of crack is categorized as criminal possession of a controlled substance. In more specific terms, possession of crack is included in the portion of the New York Penal Code which is related possession of cocaine and possession of narcotics.

The charges for possession of crack can range based off how much an individual had in his or her possession during the arrest. Possession of crack ranges from a misdemeanor offense to a Class A-I felony. The more crack that is found on a person’s possession results in a higher charge. The most severe possession of crack charge can result in a life prison sentence.

criminal Possession of a Controlled Substance in the Seventh Degree

This is the least severe of offenses in terms of criminal possession of a controlled substance. With this charge, an individual faces up to one year in jail and a fine up to $1,000. For one to be charged with criminal possession of crack in the seventh degree, he or she must have less than 500 milligrams as stated in New York Penal Law 220.03.

criminal Possession of a Controlled Substance in the Fifth Degree

Individuals who are found with at least 500 milligrams of crack with be charged with criminal possession of a controlled substance in the fifth degree, which is a Class D felony. According to New York Penal Code 220.06, this charge can lead to a maximum prison sentence of seven years and a fine up to $5,000.

criminal Possession of a Controlled Substance in the Fourth Degree

For an individual to be charged with criminal possession of a controlled substance in the forth degree, he or she must have at least an eighth of an ounce of crack on his or her person. New York Penal Code 220.09 states that individuals convicted of this charge could face up to 15 years in prison as well as a 15,000 fine.

criminal Possession of a Controlled Substance in the Third Degree

This charge is a class B felony and can lead to a prison sentence of 25 years and a maximum fine of $30,000. Those charged with this offense will have at least a half of an ounce of crack in their possession.

criminal Possession of a Controlled Substance in the Second Degree

This charge is applicable to any individual who is found with at least four ounces of crack in their possession. This is a Class A-II felony and could result in a life sentence in prison as well as a $50,000 fine.

criminal Possession of a Controlled Substance in the First Degree

Those charged with this offense will face a Class A-I felony conviction. Those arrested with at least eight ounces of crack in their possession will face this charge. The penalties for this charge can result in a life prison sentence and a maximum fine of $100,000 as stated in New York Penal Law 220.21.

Federal vs. State Charges

Possession of crack cocaine can be prosecuted under both state, and federal law. Federal charges typically involve larger quantities or cases which cross state lines. Federal sentences is often more stricter than state sentences. Due to federal mandatory minimum sentencing guidelines.

If you are facing federal charges, you need an attorney who has experience in federal court. The stakes are higher. And the prosecution has more resources at their disposal.

Defenses Against Crack Possession Charges

An experienced criminal defense attorney will examine every aspect of your case to identify potential defenses. Including:

Illegal search and seizure. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. Lack of possession. The prosecution must prove you knowingly possessed the crack. If the drugs was found in a shared space, this can be challenged. Lack of knowledge. You may not have known the substance was crack or that it was in your possession. Entrapment. If police induced you to commit a crime you wouldn’t have otherwise committed. And Chain of custody issues. Any break in the handling of evidence can be grounds for dismissal.

Challenging the Amount

Due to the severity of penalties is based off the weight of crack cocaine found, your attorney will scrutinize how the drugs was weighed, and tested. Even small measurement errors can mean the difference between a misdemeanor and a felony charge.

Consequences Beyond Prison Time

A crack cocaine conviction carries consequences which extends far beyond prison time. You may face:

Difficulty finding employment due to your criminal record. Loss of professional licenses. Ineligibility for public housing, and student loans. Immigration consequences if you’re not a U.S. citizen. Damage to personal relationships, and your reputation.

This is why fighting these charges aggressively from the beginning is critical.

Why You Need an Experienced Attorney

Crack cocaine possession cases is complex and carries severe penalties. You need an attorney who:

Has extensive experience defending drug possession cases. Understands the scientific, and legal issues involved in drug testing. Has relationships with prosecutors, and judges in your jurisdiction. Can identify constitutional violations, and procedural errors. Will fight aggressively to protect your rights and freedom.

The prosecution has significant resources. You need a defense team which can match their efforts.

Contact a New York Drug Possession Defense Lawyer

If you or a loved one has been charged with crack cocaine possession in New York, contact Spodek Law Group immediately. We provide aggressive representation which protects your rights and fights for the best possible outcome in your case.

Don’t try and handle these serious charges alone. The stakes is too high. Let our experienced criminal defense team stand with you and fight to protect your freedom, and your future. Call us 24/7 for a free consultation.