What Are the Consequences of a Drug Conviction in New York City?
What Are the Consequences of a Drug Conviction in New York City?
Dealing with a drug conviction in New York City can be really overwhelming. Like, the legal system here is no joke and the penalties can be super harsh depending on the charges. I wanted to walk through some of the key things to know if you or someone you care about is facing drug charges in NYC.
The Charges and Potential Penalties
The specific charges and penalties really depend on the type and amount of drugs involved. Some of the main drug felony charges in New York include:
- Criminal possession of a controlled substance in the seventh degree (any amount of drugs like heroin, cocaine, ketamine etc.) – up to 1 year in jail
- Criminal possession of a controlled substance in the fifth degree (500mg of cocaine or more) – up to 2.5 years in jail
- Criminal possession of a controlled substance in the fourth degree (1/8 oz of substances like heroin, cocaine, ketamine or more) – up to 7 years in jail
- Criminal possession of a controlled substance in the third degree (1/2 oz or more) – up to 9 years in jail
- Criminal possession of a controlled substance in the second degree (4 oz or more) – up to 12 years in jail
- Criminal possession of a controlled substance in the first degree (8 oz or more) – up to 20 years in jail
So as you can see, the more serious felony charges can lead to years in state prison if convicted. The potential fines can also be huge, like up to $100,000 or more depending on the amount and type of drugs.There are also misdemeanor drug possession charges in NYC which tend to involve smaller amounts of drugs. While misdemeanors don’t carry as severe penalties as felonies, they can still mean heavy fines and even up to 1 year in jail.
The Importance of Legal Representation
If you’re dealing with drug charges, having an experienced criminal defense lawyer on your side is hugely important. The drug laws and sentencing guidelines can be super complex, but a good lawyer will thoroughly examine the details of your case and build the strongest defense.They can also negotiate with prosecutors for reduced charges or alternative programs that may allow you to avoid jail time. Programs like drug court and diversion programs are meant to focus more on rehabilitation rather than punishment. But you typically need an attorney to help advocate for you to get into those programs instead of just getting slapped with years in prison.So having a lawyer who understands all the options and sentencing possibilities for a drug conviction can quite literally make the difference between ending up with a short rehab stint versus ending up in state prison for a decade or more. Public defenders do their best, but they are super overworked and may not be able to give your case the attention it deserves.
The Direct Consequences of a Conviction
If you do end up with a drug conviction in NYC, some of the key penalties and consequences may include:
- Jail or prison time – The minimum and maximum jail/prison sentences are described above based on the felony level and amount/type of drugs involved. The judge has some discretion in determining the length of incarceration within those ranges.
- Fines and fees – Felony drug convictions often involve fines of thousands of dollars or more. There are also various administrative fees relating to probation, the conviction itself, etc.
- Probation – Many drug convictions will involve probation of up to 5 years following release from jail. This involves strict supervision by a probation officer, drug tests, restrictions on leaving the state or country, etc.
- Criminal record – The drug conviction becomes a permanent part of your criminal record. This can show up on background checks and seriously hinder things like employment, housing, loans etc.
- Loss of certain rights and privileges – A drug felony conviction may result in losing the right to vote, loss of public housing if applicable, loss of access to federal student loans, and loss of the ability to possess firearms/ammunition among other things.
As you can see, a drug conviction can negatively impact pretty much every aspect of a person’s life even after serving jail time. The criminal record and loss of rights and privileges can follow someone for life.
In addition to the direct legal penalties of a drug conviction, there can be many indirect consequences that seriously affect a person’s life:
- Employment issues – Many employers do criminal background checks and will not hire someone with a drug conviction. It becomes very difficult for people to obtain good jobs after release from jail/prison. Unemployment tends to lead to further issues like homelessness.
- Family issues – The heavy penalties for drug charges often will separate parents from children for extended periods while incarcerated. Other family relationships can become strained dealing with the shame and stress of criminal charges.
- Financial hardship – Legal fees, fines, loss of employment, loss of public housing etc. stemming from a conviction often lead to major financial distress. It also becomes nearly impossible to obtain loans, mortgages etc. with a felony record.
- Social stigma – The social disapproval and shame surrounding criminal charges can lead to loss of social/community connections and diminished self-worth. This can contribute to issues like depression and substance abuse.
- Substance abuse – The high stress resulting from all the above issues unfortunately leads some people to fall back into drug use and addiction after release. This continues the negative cycle.
So while the legal penalties themselves are severe, the indirect impacts on someone’s life over the long term are often what’s most damaging. It makes it extremely difficult for people to move on and rebuild their lives.
Getting Legal Help
As you can see, the stakes are extremely high when facing drug charges in a city like NYC with such harsh sentencing laws. Having an experienced criminal defense lawyer in your corner could make all the difference in the outcome of your case and your future ability to get your life back on track.The attorneys at Smith & White Law Firm have over a decade of experience successfully defending clients facing all types of drug charges in NYC and the surrounding areas. We thoroughly investigate the details of each case, build an aggressive legal defense targeting flaws, lapses or improprieties by the prosecution, and negotiate aggressively with district attorneys for reduced charges or alternative programs whenever possible.If you or a loved one has been arrested on suspicion of drug possession, manufacturing, distribution or trafficking, do not delay in contacting a lawyer for help. An experienced NYC drug crimes attorney can advise you on the best defense options and fight to protect your rights and future. Call Smith & White Law Firm today at (212) 123-4567 for a free consultation on your case.
Overview of felony drug charges in New York – https://www.findlaw.com/state/new-york-law/new-york-drug-possession-laws.htmlPenalties for misdemeanor drug charges – https://www.cga.ct.gov/2006/rpt/2006-R-0717.htmBenefits of diversion programs vs standard prosecution – https://www.lawyers.com/legal-info/criminal/criminal-law-basics/pretrial-diversion-programs.htmlConsequences of a drug conviction in New York – https://ccresourcecenter.org/state-restoration-profiles/new-york-restoration-of-rights-pardon-expungement-sealing/Loss of rights & privileges with felony conviction – https://www.jobsforfelonshub.com/felon-rights/Indirect consequences of criminal conviction – https://www.prisonlegalnews.org/news/2015/jul/31/report-highlights-indirect-consequences-criminal-convictions/