Bronx Cocaine Possession Lawyer

In the Bronx, even small amounts of cocaine can result in devastating possession charges, which will have a serious effect on your life if you’re sentenced. In the end, you could be looking at prison time, a long probation or hefty fines. If you’ve been indicted with the possession of cocaine, here’s what you need to know about the laws and their penalties.

How Cocaine Charges Are Defined in the Bronx

Typically, the possession of cocaine will be charged by the state of New York. Cocaine is one of New York’s controlled substances, meaning it’s completely illegal to possess it, manufacture it or sell it. If you’re found knowingly possessing cocaine, New York courts will charge you with possession of a controlled substance.

You don’t even have to have cocaine on you for law enforcement to arrest you for possession. As long as it’s found on any property belonging to you, including your car, house or another property, you could be indicted with a possession charge; This could even apply in situations where you don’t personally own the cocaine found.

The exact charge that’s brought to court will depend on how much cocaine you possessed and the circumstances around the possession; Other factors can also cause sentencing to be much more severe. Factors that can change the charges involved and sentence served include possessing it near a school, selling cocaine and/or manufacturing cocaine.

What Penalties You May Face If You’re Found Guilty of Possessing Cocaine

If you’re found guilty of possessing cocaine, you could be facing huge penalties. These penalties will depend on the degree of possession you’re being charged with.

Seventh Degree Possession

The least severe charge for possession of cocaine is a 7th degree possession charge. This only applies if you had less than 500 milligrams, or half a gram, of cocaine. It is a Class A misdemeanor charge and most courts will sentence you to probation or a small time in jail for cases like these, which is especially true if you’re a first-time offender; However, it could carry a max sentence of one year in jail.

Fifth Degree Possession

Next, you have fifth degree possession, which applies in situations where you possessed at least 500 milligrams of cocaine but under 3.5 grams; You also might automatically receive this charge irregardless of the amount of cocaine in your possession if the courts believe you had the intent to sell. It is a Class C felony, and it typically carries a minimum sentence of one year in prison, but the maximum sentence could be two years and six months.

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Fourth Degree Possession

Fourth degree possession is a Class C felony. You may receive this charge if you possessed at least 3.5 grams and no more than 14 grams. It will typically carry a sentence to prison for at least a year; A maximum sentence could entail a strict sentence of five years and six months. You can still receive probation.

Legal Scenario: What Would You Do?

Scenario

You were pulled over for a broken taillight in the Bronx and the officer claimed to smell marijuana, leading to a vehicle search that turned up a small bag of cocaine in your jacket pocket. You have no prior criminal record and the cocaine was for personal use, but now you're facing a criminal possession charge.

What kind of penalties am I looking at for having a small amount of cocaine on me in the Bronx, and is there any way to avoid jail time?

Attorney's Answer

Under New York Penal Law § 220.06, criminal possession of a controlled substance in the fifth degree — which covers small amounts of cocaine — is a Class D felony carrying up to two and a half years in prison. However, as a first-time offender, you may be eligible for a judicial diversion program under CPL § 216.05, which can result in treatment instead of incarceration and ultimately a dismissed charge upon completion. We would also examine whether the traffic stop and subsequent search were conducted lawfully under the Fourth Amendment, because if the officer lacked probable cause beyond the taillight violation, the cocaine evidence could be suppressed entirely. A strong defense strategy in Bronx Criminal Court often combines these constitutional challenges with diversion eligibility to achieve the best possible outcome.

This is general information only. Contact us for advice specific to your situation.

Third Degree Possession

If you possess at least 14 grams but less than a total of 4 ounces of cocaine, you’ll be charged with third degree possession. This is Class B felony and prison sentences can range anywhere from one to nine years. There is still the possibility for probation with these charges.

Second Degree Possession