Criminal Defense Lawyers

New York Drug Crimes Sentencing Frequently Asked Questions

What are the different drug offenses?

There are three main categories of drug offenses in New York: manufacture, sale, and possession. Some crimes are misdemeanors, but most are felonies and carry a possibility of a prison sentences. However, judges do have some freedom in determining sentences. Therefore, it’s important to be represented by an experienced attorney who can advocate for you and help you receive a fair sentence.

What kind of sentences do drug crimes carry?

Drug crimes can be Class B misdemeanors of Class A felonies. The sentence depends on the classification of the crime as well as your criminal record and the other details of the case.

Class B Misdemeanor: Criminal possession and sale of marijuana in the fifth degree are the only drug crimes in this classification. For these crimes, you may receive a $500 fine and a jail sentence of up to three months.

Class A Misdemeanor: A Class A misdemeanor charge has a maximum sentence of one year in jail and a $1,000 fine. The crimes in this class are as follows:

• criminal possession of a controlled substance in the seventh degree
• criminal possession or sale of marijuana in the fourth degree
• Criminally using drug paraphernalia in the second degree
• Criminally possessing a hypodermic instrument
• criminal possession of methamphetamine manufacturing material in the second degree

Class E Felony: Class E felonies carry a potential sentence of four years in prison and a fine of $5,000. The drug crimes within this class include the following:

• criminal possession of precursors of controlled substances
• criminal possession or sale of marijuana in the third degree
• criminal possession of methamphetamine manufacturing material in the first degree
• criminal possession of precursors of methamphetamine
• Unlawful disposal of methamphetamine laboratory material
• criminal injection of a narcotic drug
• Use of a child to commit a controlled substance offense

Class D Felony: These crimes carry a sentence of up to 7 years in prison and a $5,000 fine. The drug crimes in this class are the following:

• criminal possession or sale of a controlled substance in the fifth degree
• criminal possession or sale of marijuana in the second degree
• Criminally using drug paraphernalia in the first degree
• Unlawful manufacture of methamphetamine in the third degree

Class C Felony: These crimes have a possible sentence of 15 years in prison and a $15,000 fine. The drug crimes within this class include:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• criminal possession or sale of marijuana in the first degree
• criminal possession or sale of a controlled substance in the fourth degree
• criminal sale of a prescription for a controlled substance
• Unlawful manufacture of methamphetamine in the second degree

Class B Felony: These felony charges include potential sentences of up to 25 years in prison and a fine of up to $30,000. The following crimes are Class B felonies:

• criminal possession or sale of a controlled substance in the third degree
• criminal sale of a controlled substance in or near school grounds
• Unlawful manufacture of methamphetamine in the first degree

Class A-II Felony: The maximum sentence for this class is life in prison and a fine of $50,000. The drug charges within this class include criminal possession or sale of a controlled substance in the second degree.

Class A-I Felony: The maximum sentence for Class A-I felonies is life in prison, and the maximum fine is $100,000. The drug charges in this class are the criminal possession or sale of a controlled substance in the first degree and operating as a major trafficker.

What other factors do judges consider during sentencing?

Judges will consider aggravating factors, which are aspects of the crime or your own background that make the crime more severe. These include the use of violence, the presence of a weapon, and other factors. Judges will also consider mitigating factors, which make your crime less severe. These include cooperation with the police, expressing remorse for the crime, and the absence of a criminal history.

Can I be offered drug treatment instead of a prison sentence?

New York has a Drug Treatment Court program that allows drug offenders to go to treatment instead of serving time in prison. Not every offender is eligible for the program, but being represented by an experienced attorney will increase your chances of being offered treatment. If you’ve been arrested for drug charges, contact Spodek Law Group to speak with a lawyer who will help you get fair representation in court.