NEW YORK DRUG CRIMES

Article 220 and 221 of the New York Penal Law govern controlled substances and marihuana offenses. Although New York has an extensive history of tough drug laws, recent amendments allow judges to sentence defendants to drug treatment programs, conditional sentences, and/or probation. Still, New York law also permits prosecutors to ask the court to sentence anyone convicted of possession of controlled substances such as oxycodone, heroin, fentanyl, cocaine, ecstasy, prescription drugs, heroin, methamphetamine, or any other controlled substance with lengthy incarceration, substantial fines, and/or probation. 

Don’t make any statements if you are arrested on drug charges. The first call you should make is to obtain an experienced attorney who will guide and support you through the criminal process, preserve your rights and challenge the legal issues surrounding your drug arrest.

Our Office represents clients facing a wide variety of drug offenses, including but not limited to:

  • Drug possession –actual or constructive possession of a certain amount of a controlled substances or marihuana for personal use.
  • Drug sale or distribution – Usually involves an observation sale(s), undercover buy and arrest and search warrant cases involving possession of a large quantity of drugs, large amounts of cash, a weighing scale and other drug paraphernalia. Generally charged with possession with intent to sell or distribute. 
  • Drug trafficking –when a person sells controlled substances or narcotic drugs and the proceeds collected or due from such sale have a total aggregate value of more than seventy-five-thousand dollars or more.
  • Drug manufacture –drug cultivation involves unlawfully manufacturing, preparing or producing methamphetamines laboratories. 

New York Marihuana Crimes

Although medical marihuana is legal, recreational use, possession, and distribution of marihuana is not.  The penalties for possessing small amounts of marihuana have been reduced to violations and a small fine. Possession of more than two ounces is a misdemeanor offense, punishable by jail time and/or fines. The law expunges prior misdemeanor marihuana possession convictions involving 25 grams or less. 

Penalties

New York classifies controlled substances into five different schedules, and the penalties vary on the type of controlled substance, the quantity involved, and other factors.  Possession and sale offenses range from Class A misdemeanors with up to $1,000 fines, probation and up to one year in jail to a Class A-1 felony with up to $100,000 fines and fifteen to twenty-five years in prison. First-time offenders may be able to resolve the charges without a criminal conviction by satisfying a set of negotiated conditions such as a rehabilitative program, drug treatment program and/or community service. 

Experienced New York Drug Crimes Attorney

If you have been arrested for violating any section of Article 220 or 221 of the New York Penal Law, it’s in your best interest to obtain experienced legal counsel. As a prosecutor and defense attorney, Mr. Garcia has successfully handled hundreds of drug cases involving long term “buy and bust” operations, search warrants cases, observation sale cases, wiretap cases and other matters involving large quantities of controlled substances, narcotics and marijuana. The sooner the legal issues surrounding your arrest are evaluated and identified, the greater your chances to prepare a strong defense.

The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.