NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 29th August 2023, 07:08 pm
What charges can I face if I’m found with heroin in my possession?
Heroin is classified as a schedule I controlled substance. It is also known as tar or smack. New York penal law section 220 makes it a crime to knowingly and unlawfully possess heroin. Possessing even a small amount of heroin and receiving a subsequent conviction can negatively impact your future and opportunities. It is imperative if you are charged with heroin possession to have an experience heroin possession lawyer in New York who can defend you and prevent it from ruining your future.
Is it a misdemeanor or a felony to be charged with heroin possession?
All crimes related to possession of a controlled substance are felonies of the first, second, third, or fourth degree. All convictions have serious penalties that can cause you to spend years in prison. The specifics of the charge indicate the penalties that you face if you’re convicted. A lawyer experienced with heroin possession cases in New York can bring challenges and defenses in court to help your case.
What is criminal possession in the first degree?
The most serious charge is criminal possession of a controlled substance in the first degree. The law requires you to possess at least eight grams of heroin to be charged with first-degree criminal possession of a controlled substance. The charge carries a penalty of a possibility of life in prison if convicted.
What is criminal possession in the second degree?
criminal possession of a controlled substance in the second degree also carries a potential of life in prison since it is a class B drug felony. You can be charged in the second degree if you have four ounces of heroin in your possession.
What is criminal possession in the third degree?
If you have at least ½ an ounce of heroin, you can be charged with criminal possession of a controlled substance in the third degree. It is a class B felony according to New York Penal Law section 220.16. It carries a sentence of up to 25 years in prison.
What is criminal possession in the fourth degree?
If you have 1/8 ounce of heroin, you can be charged with criminal possession of a controlled substance in the fourth degree. Under N.Y Penal Law section 220.09, it is a class C felony with a penalty of up to 15 years in prison.
Can I receive alternative sentencing if I receive a heroin possession conviction?
Being convicted of heroin possession in New York can include fines, probation, and/or prison. An experienced attorney can inform you that you might be eligible for drug treatment as an alternative to serving a prison sentence. The judge will sentence you based on the circumstances of the case, your past criminal history, and other influential factors. The option of alternative sentencing is limited to low-level drug offenses and those convicted of them.
Contact the Spodek Law Group
Receiving a heroin possession conviction is serious and can haunt you for years. On top of dealing with prison, you will have a permanent criminal record that can make it difficult to find housing or a job. It’s essential to have appropriate representation if you’re charged with heroin possession. The attorneys at Spodek Law Group have multiple offices in New York City and have years of experience helping those facing charges for drug crimes. Contact us now at 1-888-908-3274 for your free consultation regarding your case.
NYC Heroin Lawyers
Heroin is addictive because it is similar to opium and morphine, which are derived from the poppy plant. It is a Schedule I controlled substance as stated in New York law and federal law. Because heroin is so addictive, law enforcement officers and prosecutors take aggressive action against those in possession of heroin.
The New York Penal Code categorizes controlled substance offenses into different classifications. When an individual is charged with a crime that is related to the drug, it could be because of possession, distribution, or possession of drug paraphernalia.
Heroin Possession in New York
According to the New York Penal Code, possession of heroin is a criminal offense that is classified as criminal possession of a controlled substance. There are four offenses related to heroin, and the severity of the charges are determined by the amount of heroin that was found on the accused. Those in possession of large amounts of heroin will result in stricter penalties than those found with small amounts.
The four charges that are related to heroin possession include criminal possession of a controlled substance in the:
If an individual is found with at least an eighth of an ounce of heroin, he or she will be charged with this offense. The consequences of this charge could result in up to 15 years in prison since it is a Class C felony as stated in New York Penal Code 220.09.
Those who are found with at least a half of an ounce of heroin will be charged with third degree criminal possession of a controlled substance. With this charge, those convicted could face up to 25 years in prison, as it is a Class B felony.
If an individual has at least four ounces of heroin in his or her possession, it is a Class A-II felony charge that could lead to a life sentence in prison and a maximum fine of $50,000.
When individuals are found with at least eight ounces of heroin in their possession, they will face a Class A-I felony charge. criminal possession of a controlled substance in the first degree can lead to a life sentence in prison and a fine of 0,000.
If an individual sells heroin, the charge will be classified as the criminal sale of a controlled substance. In addition, the penalties for selling heroin in New York are much more serious than possession of the drug.
The consequences for selling heroin are as follows:
If you sell less than a half of an ounce of heroin, you will be charged with criminal possession of a controlled substance in the third degree. Although this is a possession offense, those who have less than a half of an ounce of the drug (with the intent to sell) will face this charge.
Those who are found selling at least a half of an ounce of heroin will be charged with criminal sale of a controlled substance in the second degree. This is a Class A-II felony.
Those who sell at least two ounces of heroin will be charged with criminal sale of a controlled substance in the first degree.
If an individual is charged with a criminal offense that is related to drug paraphernalia, he or she will be charged with criminally using drug paraphernalia in the second degree or criminally using drug paraphernalia in the first degree. Drug paraphernalia that is commonly related to heroin is the equipment that is needed to make, package, and distribute the drug.
If you are facing a heroin charge in New York, the Spodek Law Group is a team of skilled attorneys with over 40 years of experience in criminal defense cases.