NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 24th August 2023, 01:11 am
Cocaine Possession in Brooklyn, New York: What You Need to Know
Cocaine possession is a serious offense in the state of New York that is punishable by both state and federal government officials. If you are currently facing charges of cocaine possession in Brooklyn, there are a number of defense options available to you. If you are not facing these charges but know someone who is, you may benefit from learning about the process of being charged with cocaine possession. The information could be helpful to both you and your loved ones. Here are some commonly asked questions regarding the charge of cocaine possession in Brooklyn, New York.
What constitutes cocaine possession in Brooklyn?
- possession of cocaine
- public or private use cocaine
- trafficking cocaine
- distribution of cocaine
- transportation of cocaine without intent to distribute
Cocaine can be distributed in many forms, including vapor, paste, and powder. All of these forms of cocaine carry the criminal charge and penalty. The variant of cocaine known as crack, is punishable by slightly more time in prison.
What kind of sentences are given for cocaine possession in Brooklyn?
If you or a loved one is convicted of a crime involving cocaine possession, you can face severe penalties. Cocaine is a schedule II narcotic and the amount of the drug that is found prior to the the arrest can impact the criminal charge. The penalties for cocaine possession in New York are as follows:
- criminal possession of cocaine in the 7th degree: This charge is given when criminals are found with less than 500mg of cocaine. This crime is a misdemeanor and carries a maximum sentence of one year in jail.
- criminal possession of cocaine in the 5th degree: This charge is given when a criminal is found with more than 500mg of cocaine. This crime is a felony and carries a maximum sentence of four years in prison for first time offenders and an additional 6th month sentence for repeat offenders.
- criminal possession of cocaine in the 4th degree: This charge is given when a criminal is found with an eighth of an ounce of cocaine or more. This crime is a Class C felony and carries a maximum sentence of five years and six months in prison for first time offenders and eight years in prison for repeat offenders.
- criminal possession of cocaine in the 3rd degree: This charge is given when a criminal is found with a half an ounce or more of cocaine. This crime is a Class B felony and carries a maximum sentence of 9 years in prison for first time offenders and up to 12 years in prison for repeat offenders.
- criminal possession of cocaine in the 2nd degree: This charge is given when a criminal is found with more than four ounces of cocaine. This crime is a Class A felony and carries a maximum of 10 years in prison for first time offenders and a maximum sentence of 17 years in prison for repeat offenders.
- criminal possession of cocaine in the 1st degree: This charge is given when a criminal is found with more than eight ounces of cocaine. This crime is a Class A felony is carries a maximum sentence of 20 years in prison for first time offenders and a maximum sentence of 30 years for repeat offenders.
What happens after an arrest is made for cocaine possession in Brooklyn?
After an arrest is made for cocaine possession in Brooklyn, the arrested party will receive an arraignment where bail will be set and a trial date will be established. At this point, it is extremely important to hire experienced attorneys to handle the case with you. NYC criminal Lawyers can be the difference between being sentenced to years in prison and receiving a fine for your charges. For more information about Brooklyn cocaine possession charges and defenses that can be used to exonerate you or your loved ones, please visit www.nyccriminallawyers.com or contact the office by phone.
Don’t deal with Brooklyn Cocaine Possession Lawyers alone. Speak to the Spodek Law Group today.
A charge of cocaine possession carries with it years in prison and the possibility of a felony on your record for the rest of your life. This will affect your ability obtain employment, a place to live, and receive benefits from some government programs, as well as your right to carry firearms. If you have been charged with cocaine possession, know that you are facing a very serious charge and that without a lawyer your chances of receiving a desirable outcome are not good.
New York cocaine laws are extremely strict. Perhaps this is because cocaine has caused a great deal of problems for the people of New York and the legislature is keen to rid the state of these problems. Possession is a Class D felony if someone possesses 500 mg or more of cocaine. Possession of less than that will likely still be a felony but one of a lesser class. The penalties are still steep and you’re possibly facing years in prison.
How A Lawyer Can Defend Your Case
When a lawyer reviews the circumstances of your arrest and charge, they will quickly discover any possible defenses that you might have for your particular situation. They will interview you, read through police reports, and carefully study similar cases that have occurred before in the state of New York. Defending a case of possession can be extremely hard because it seems like a cut and dry thing: Either you possessed the drug or you didn’t.
In reality, there are many circumstances that can change the outcome of a case. For example, if police wrongfully searched your person, you may be entitled to a defense on these grounds. A good lawyer might even be able to get the charges against you dismissed, depending on the level of negligence or unfairness on the part of law enforcement. Drug possession defenses take on many faces during a case, and a veteran criminal attorney is well aware of all the available defenses, and a great one will even be able to come up with new defenses that might set legal precedence on their own.
Don’t Wait To Call A Cocaine Possession Lawyer
Perhaps the worst thing you can do in a drug possession case is to assume that you need to plead guilty and face the consequences. Whether you’re guilty or innocent, a lawyer is going to help you get a desirable outcome. Take for example the fact that you’re facing years in prison. This is something that even judges and lawyers want to avoid whenever possible. The cost of housing an inmate and the human toll that it takes on that person is enormous to both the individual and society. Whenever possible, judges and lawyers want to be able to give the person the opportunity to get help.
Probation programs for drug offenders are especially popular after a first offense. Courts usually want to give simple drug possession offenders the opportunity to clean up their lives, either through a probation program or through drug court. Long-term residential programs have also proven helpful in rehabilitating drug offenders. By teaching them to approach their drug addiction as a medical issue, not a criminal one, they are able to resume a more normal life than if they had gone to prison. Diversion programs are also possible, in which there is no felony offense if the person successfully completes a probationary diversion program.
If you’re charged with cocaine possession, call a lawyer today. Don’t make a plea until you talk to an attorney.