New York Crack Possession Frequently Asked Questions

Crack, a deadly version of cocaine, classifies as a controlled substance under New York law. Because of this, it’s a crime to have even a small amount of crack. In fact, based on N.Y. Pen. Law § 220.03, you could face a possession charge for a controlled substance. If you have less than 500 milligrams of cocaine, it classifies as a misdemeanor charge. If it’s a misdemeanor charge, your sentence may not require incarceration. However, if you are convicted, you will still have a criminal record with a drug charge conviction.

Even if you have a misdemeanor charge for crack cocaine, you should find qualified legal representation. Federal Lawyers has experienced and licensed practitioners who will be able to help, and they will even defend your legal rights.

What Other Crimes Can You Be Charged with for Crack?

Along with a misdemeanor controlled possession charge, you also have five other felony drug possession charges. The charges that you face will largely depend on how much crack you were arrested with. Some of the felony crack possession charges include criminal possession of a controlled substance of the fifth degree. This means you were charged with a possession of a minimum of 500 milligrams of crack. That qualifies as a Class D felony.

Next, you have criminal possession of a controlled substance to the fourth degree. For this charge to take place, you had to have had possession of a minimum of 1/8 of an ounce of crack cocaine. Third, you have third-degree possession of controlled substances. For this, you will have had to have had half an ounce of crack to be charged with it. Fourth, you will have a controlled possession, and you will need to have been in possession of four ounces or more. Finally, you have first-degree possession of crack, which means you will have had to have been carrying a minimum of 8 ounces.

Will I Go to Prison for Crack Possession Charges?

A variety of factors will have a say in whether or not you face prison time for crack possession. You absolutely must have a lawyer experienced in law to defend you from these charges and protect your individual rights. Someone with a lawyer can make sure that their rights get protected throughout the court case and during the court sentencing date. The sentencing for these convictions will depend on a number of factors like how much a person was busted with. A first-degree drug possession charge will almost always involve some prison time. For those convicted of a misdemeanor, they may not have to worry as much about prison time. Felony convictions, however, are more likely to send someone to prison. In fact, for first-degree possession of a controlled substance, you could be sent to prison for up to life.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by police during a routine traffic stop in Manhattan, and officers found a small vial containing what they identified as crack cocaine in your jacket pocket. You were arrested and charged, even though the amount was less than 500 milligrams.

What charges am I facing for possessing such a small amount of crack in New York, and is there any way to avoid a criminal record?

Attorney's Answer

Even a trace amount of crack cocaine can result in a charge under N.Y. Penal Law § 220.03, Criminal Possession of a Controlled Substance in the Seventh Degree, which is a Class A misdemeanor carrying up to one year in jail. If the amount exceeds 500 milligrams, you could face felony charges under N.Y. Penal Law § 220.06 or higher, with significantly harsher penalties. However, New York's judicial diversion program under CPL § 216.05 may allow eligible defendants to enter treatment instead of facing incarceration, potentially leading to a dismissal of charges upon successful completion. An experienced attorney can challenge the search and seizure, question the lab analysis of the substance, and negotiate for diversion or reduced charges depending on the circumstances of your case.

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

Were All Your Questions Answered?

If not all of your questions were answered, you can call Federal Lawyers for further assistance. We have licensed and qualified attorneys who can help to defend your rights in the court of law. Our lawyers will sit down with you for a free consultation to decide how to best proceed with your case. Charges like this require an experienced practitioner of the law who understands the various laws surrounding your case. In many cases, we have been able to get charges dismissed, but it depends on the circumstances for which someone was charged. We proudly serve the greater New York City area.