Criminal Defense Lawyers

Bronx Cocaine Possession Lawyer

In the Bronx, even small amounts of cocaine can result in devastating possession charges, which will have a serious effect on your life if you’re sentenced. In the end, you could be looking at prison time, a long probation or hefty fines. If you’ve been indicted with the possession of cocaine, here’s what you need to know about the laws and their penalties.

How Cocaine Charges Are Defined in the Bronx

Typically, the possession of cocaine will be charged by the state of New York. Cocaine is one of New York’s controlled substances, meaning it’s completely illegal to possess it, manufacture it or sell it. If you’re found knowingly possessing cocaine, New York courts will charge you with possession of a controlled substance.

You don’t even have to have cocaine on you for law enforcement to arrest you for possession. As long as it’s found on any property belonging to you, including your car, house or another property, you could be indicted with a possession charge; This could even apply in situations where you don’t personally own the cocaine found.

The exact charge that’s brought to court will depend on how much cocaine you possessed and the circumstances around the possession; Other factors can also cause sentencing to be much more severe. Factors that can change the charges involved and sentence served include possessing it near a school, selling cocaine and/or manufacturing cocaine.

What Penalties You May Face If You’re Found Guilty of Possessing Cocaine

If you’re found guilty of possessing cocaine, you could be facing huge penalties. These penalties will depend on the degree of possession you’re being charged with.

The least severe charge for possession of cocaine is a 7th degree possession charge. This only applies if you had less than 500 milligrams, or half a gram, of cocaine. It is a Class A misdemeanor charge and most courts will sentence you to probation or a small time in jail for cases like these, which is especially true if you’re a first-time offender; However, it could carry a max sentence of one year in jail.

Next, you have fifth degree possession, which applies in situations where you possessed at least 500 milligrams of cocaine but under 3.5 grams; You also might automatically receive this charge irregardless of the amount of cocaine in your possession if the courts believe you had the intent to sell. It is a Class C felony, and it typically carries a minimum sentence of one year in prison, but the maximum sentence could be two years and six months.

Fourth degree possession is a Class C felony. You may receive this charge if you possessed at least 3.5 grams and no more than 14 grams. It will typically carry a sentence to prison for at least a year; A maximum sentence could entail a strict sentence of five years and six months. You can still receive probation.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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If you possess at least 14 grams but less than a total of 4 ounces of cocaine, you’ll be charged with third degree possession. This is Class B felony and prison sentences can range anywhere from one to nine years. There is still the possibility for probation with these charges.

Having at least 4 ounces but less than 8 ounces of cocaine will be a second degree charge. It’s a Class A-11 charge that’s a felony, meaning it will carry a minimum of three years in prison if you’re found guilty which could rise to 10 years depending on the circumstances surrounding the charge. There is no possibility for traditional probation, but the courts may offer lifetime probation.

Lastly, you have possession of cocaine on the first degree. You’ll receive this charge whenever you have 8 ounces or more of cocaine in your possession. This is a Class A-1 felony and it will carry a minimum of 8 years in prison with no possibility for probation, with the possibility of being up to 20 years in prison.

All of the penalties mentioned above are for first-time offenders. If you have previous drug charges or you have previous violent felony charges, prison sentences could be much stricter. You could also have charges and/or penalties reduced if you accept a plea deal.

Don’t deal with Bronx Cocaine Possession Lawyer alone. Speak to the Spodek Law Group today.

Due to the high risk for abuse, physical and psychological dependence, and overdoses, cocaine is classified as a Schedule II controlled substance. In addition, the laws in New York classify cocaine as a narcotic. The New York Penal Code classifies possession of cocaine as a serious crime, which could result in a prison sentence of twenty years. Furthermore, if an individual is facing criminal charges for cocaine under the New York Penal Code, he or she will also face federal charges for cocaine possession. The penalties for being charged with possession of cocaine in New York are serious, which is why it’s vital to contact a skilled Bronx criminal defense attorney.

New York Cocaine Possession
According to the New York Penal Code, possession of cocaine is in a category of offenses that are in relation to possession of a controlled substance. The charges for a cocaine possession in New York range from a class A misdemeanor to a class A felony, which depends on the amount of cocaine that is found on an individual’s possession.

Seventh Degree criminal Possession of a Controlled Substance
When an individual has less than 500 milligrams of the substance on his or her possession, he or she will be charged with seventh degree criminal possession of a controlled substance, which is a class A misdemeanor. Those charged with this offense could face up to one year in jail as stated in New York Penal Code 220.0. Because this charge is the least serious among possession of a controlled substance charges, first time offenders may receive probation instead of a jail sentence.

Fifth Degree criminal Possession of a Controlled Substance
If an individual is found with at least 500 milligrams of cocaine on his or her possession, he or she will be charged with fifth degree criminal possession of a controlled substance. According to New York Penal Code 220.06, an individual convicted of this crime will face a maximum prison sentence of seven years.

Fourth Degree criminal Possession of a Controlled Substance
When an individual is found with an 1/8 of an ounce of the substance, he or she will face a fourth degree criminal possession of a controlled substance charge, which is a class C felony. New York Penal Code 220.09 states those convicted of this crime will face up to 15 years in prisons.

Third Degree criminal Possession of a Controlled Substance
Those who are found with at least 1/2 of an ounce of the substance will be charged with criminal possession of a controlled substance in the third degree. This crime is a class C felony and can lead to maximum prison sentence of 25 years, according to New York Penal Law 220.16.

Second Degree criminal Possession of a Controlled Substance
Those who are charged with a criminal possession of a controlled substance in the second degree will have at least four ounces of cocaine on their possession. New York Penal Code 220.18 states this is a class A-II felony that can result in life in prison and a maximum fine of $50,000.

First Degree criminal Possession of a Controlled Substance
When an individual is found with at least eight ounces of the substance on his or her possession, he or she will be charged with criminal possession of a controlled substance in the first degree. According to New York Penal Code, 220.21, this is a class A-I felony, which can result in life in prison and a maximum fine of $100,000.

Federal Cocaine Possession
According to U.S. Title 21 U.S.C 844, an individual who is found with cocaine will face a simple possession charge. If it is an individual’s first conviction, he or she could face a maximum jail sentence of one year and a maximum fine of $1,000. Those facing a second conviction will face a prison sentence that ranges from 15 days to two years and a fine of at least $2,500. A third conviction will lead to a prison sentence that ranges from 90 days to three years and a minimum fine of $5,000.

Get Help From a Skilled Bronx Cocaine Possession Attorney
The penalties for cocaine possession are serious, and will leave a lasting mark on an individual’s permanent record. When an individual is facing a cocaine possession charge, it is imperative for him or her to seek help from an defense attorney with experience handling cocaine possession cases.