Mar 21, 2024

NYC Drug Crimes Sentencing Lawyers

In the state of New York, drug crimes are one of the most common reasons that people find themselves arrested and sentenced.

The lowest level charge for marijuana has more than fifty thousand arrests each year across the state.

Types of Drug Crimes in New York State

Multiple different crimes qualify as drug crimes, including:

• Sex crimes involving drugs
• Drug paraphernalia
• Drug manufacturing
• Drug distribution
• Drug possession

Common Classifications of Illegal Drugs

There are also multiple types of illegal drugs including:

• Hallucinogens
• Stimulants
• Depressants
• Narcotics
• Prescription drugs
• Club drugs
• Marijuana

Understanding New York Drug Crime Classifications

New York law has multiple classifications for drug crimes depending on the specific crime and the severity of the offense.

Your crime might be classified as a felony, a misdemeanor, or a violation.

Sentencing Guidelines for Drug Offenses

The sentences might have no jail time or prison time, but you can also be sentenced with up to life in prison.

You might find yourself sentenced with fines or probation.

The majority of drug crimes are classified as felonies.

If you’ve been arrested for or otherwise accused of a drug-related crime, it’s important to get in contact with a skilled defense attorney as soon as possible.

Types of Drug Crimes Under New York Law

Marijuana Offenses vs. Controlled Substance Offenses

New York state law has different charges for marijuana offenses than for crimes that are related to any other illegal drugs.

There are eleven separate marijuana offenses, all related to selling or possessing marijuana.

Your first marijuana offense won’t be classified as a crime, but instead will be classed as a violation.

Controlled Substance Crimes

Twenty-nine offenses refer to other illegal drugs. These crimes are called substance offenses.

Controlled substance offenses tend to refer to the manufacture, sale, and possession of controlled or illegal substances.

Potential Criminal Penalties

If you violate any of the state’s thirty-nine total drug crimes, you might be arrested and convicted.

Convictions of the majority of drug charges involve sentences of between ninety days in jail to life in prison.

You’ll also be subject to fees up to $100,000.

The Arraignment Process for Drug Charges

Initial Court Appearance

Arraignment hearings take place about twenty-four hours after the initial arrest for a drug crime.

At the hearing, you’ll be told the exact charge or charges that have been leveled against you.

Understanding Your Charges

Sometimes the charges might be different from your expected charges. For example, you might expect to be charged with possession, but if you have a significant number of drugs on your person, you may be charged with possession with intent to sell.

Additional Charges at Arraignment

Non drug-related charges will also be leveled at the arraignment hearing. These include:

• Assault charges
• Sex crime charges
• Theft charges

You’ll also learn whether bail is required as well as the amount for your potential bail.

Grand Jury Proceedings for Felony Drug Charges

When you’re facing a felony charge, the prosecutor is required to present the case to a grand jury.

This jury then decides whether you ought to be charged with a crime, or whether you should be released.

Plea Negotiations

If you are charged, you might have the option of negotiating a plea agreement by pleading guilty to a lesser charge.

Criminal Drug Treatment Court: An Alternative to Incarceration

Eligibility Requirements

One option is to bring your case to Drug Treatment Court.

This court is only used for people who:

• Have a substance use problem
• Have received a class E, D, C, or B drug felony charge
• Are likely to find benefits in drug treatment

Qualifying Drug Felonies

All marijuana-related felonies are eligible for this court.

Five of the controlled substance felonies are not eligible, because they are class A felonies rather than an included class of felony.

Disqualifying Factors

You might also lack eligibility when you have a violent crime conviction on your record from within the past decade.

NYC Drug Crimes Sentencing Lawyers