NYC Drug Crime Lawyer

New York City Drug Crime Attorney

Drug crimes are some of the most commonly prosecuted criminal offenses in New York City and throughout the United States. If you or a family member has been arrested for any type of drug-related crime, it is essential to know and exercise your rights in this situation. Working with an experienced New York City drug crimes lawyer offers the optimal chance of reaching a positive conclusion to your case.

The use, possession, sale, and transport of controlled substances are closely regulated in New York City. Similar to laws on drinking and driving, computer crimes, and sex crimes, a robust set of statutes limits how and when any controlled substance can be used or possessed. The same statutes impose harsh punishments on the possession of illegal drugs.

If you are facing drug charges in New York City, the assistance and advice of a New York City lawyer is incredibly helpful. A local lawyer can explain the charges against you and provide insight into the legal process ahead. As you go through this process, New York City defense counsel from Koch Law will be with your every step of the way. We have years of experience handling these cases that we can leverage on your behalf.

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Understanding Drug Charges in New York City

The laws on drugs and controlled substances in New York City are among the State of New York’s most complicated and lengthy statutes. It can be nearly impossible for someone other than a New York City drug lawyer to fully explain the charges and possible outcomes of a drug offense. Additionally, many drug cases involve additional charges, such as weapons violations or violations of federal statutes, and these factors can complicate a case significantly.

You may believe that you understand the charges against you and have an idea of how to present your defense. However, you need a clear explanation of New York City drug charges because these laws are also some of New York’s toughest criminal laws. New York is recognized as having some of the United States’ toughest drug laws and imposing extremely strict punishments.

There are several different types of drug charges in New York City. These drug charges vary in severity but are all handled by the experienced team at Koch Law. A New York City drug lawyer at Koch Law handles cases involving:

• Possession
• Sale
• Distribution
• Manufacture, and
• Trafficking.

In addition to various levels of offenses for each type of drug crime, these statutes are further complicated based on the type and quantity of drug involved. The defendant’s past criminal record is also likely to influence their case, as a defendant with a record of prior drug offense convictions will face harsher penalties if they are convicted for yet another similar offense. Your attorney can explain the exact statutes that apply to your unique situation.

New York City’s Law on Drug Possession

New York categorizes all controlled substances into five different “Schedules.” These Schedules and the process for designation of a controlled substance are based on the likelihood of addiction to a particular drug and the drug’s negative impact on society. The drugs considered most dangerous under these criteria are known as Schedule 1 drugs, while the least serious are Schedule 5 drugs.

Possession of a controlled substance, the most common drug charges in New York City. There are four elements of possession that are necessary for a New York City prosecutor to prove in a criminal case. These four elements are:

1. The defendant was found in possession of the substance;
2. The substance possessed was a controlled substance under New York’s laws;
3. The possession of that substance was unlawful and not as a result of seeking immediate medical attention; and
4. The defendant knew the substance to be a controlled substance.

Possession of a controlled substance is charged in five different degrees based on:

• The Schedule of the drug found in your possession;
• The amount of the drug found in your possession; and
• Whether there are any aggravating circumstances in your case, such as the presence of minors in the same vicinity to a controlled substance.

Similar to charges for other crimes, including robbery, cyber extortion, embezzlement, or tax crimes, the degree of the charges correspond to the severity of the possible sentence if convicted.

• Possession in the First Degree is a class A-I felony. The most serious charges for possession of a controlled substance. Applicable to the possession of eight ounces or more of specified Schedule 1 drugs, and carrying a potential sentence of 20 years in prison.
• Possession in the Second Degree is a class A-II felony. Applicable to the possession of more than four but less than eight ounces of a Schedule 1 drug and larger amounts of specified Schedule II drugs, and carrying a potential sentence of 25 years in prison.
• Possession in the Third Degree is a class B felony. Applicable to the possession of any Schedule 1 drugs and certain Schedule II drugs, could also be applied to a subsequent offense for possession of a Schedule III drug. The potential punishment for a class B felony is 25 years in prison.
• Possession in the Fourth Degree is a class C felony. Applicable to the possession of smaller amounts of Schedule 1 drugs and possession of less serious controlled substances. The maximum punishment is 15 years in prison.
• Possession in the Fifth Degree is a class D felony. The maximum punishment for a class D felony in New York City is seven years.
• Possession in the Seventh Degree is a class A misdemeanor. The maximum punishment for a class A misdemeanor is one year in jail.

In the face of these complex statutes and the heavy penalties applied to convictions, it is essential to understand your rights when you are arrested for any type of drug crime in New York City. The first steps you take immediately following an arrest have the potential to impact the rest of your life in various ways.

Understanding Your Rights During an Arrest

Two amendments of the United States Constitution come into play when an American citizen is arrested for any crime. The Fifth Amendment protects against self-incrimination, meaning you are not required to act as a witness against yourself in any way. No matter what arresting officers may claim, you are under no obligation to answer questions or make statements. Comply with their instructions and remain silent through the arrest and booking process.

The Sixth Amendment ensures your right to legal representation and a speedy trial. You have the right to an attorney, so once you have been booked and have the opportunity to make phone calls, it is imperative that you reach out to a New York City drug crimes lawyer to build your defense. Koch Law, PLLC, is ready to respond immediately to your request for criminal defense representation in any type of drug crime case.

If you believe that the arresting officers have violated your rights, or if you were not read your Miranda rights upon arrest, you need to notify your attorney immediately. These are very serious due process violations that can influence your case in your favor. For example, if the police did not conduct your arrest and booking according to the rules of due process, it could lead to a judge throwing the case out of court.

Defense to Drug Charges in New York City

Given that all but the least serious charges for possession are felony offenses in New York City, you could face a very lengthy prison sentence for a single mistake. Reducing or eliminating these lengthy prison sentences is essential, and the best way to do this is hiring successful legal counsel. Your defense to drug charges in New York City is crucial to the outcome of your case.

You may be able to prove that your arrest was wrongful, that the drugs did not belong to you, or that other circumstances have led to your unjust arrest. If you have broken the law, your New York City drug crimes lawyer can still assist with your case, and they may be able to help you reach a more agreeable outcome than you likely would have managed on your own.

For example, a plea deal could result in lighter penalties, or showing that you struggle with a substance abuse disorder could result in leniency in sentencing.

FAQs

At Koch Law, we provide an effective defense to any and all drug charges in New York City. No matter the severity of drug offense you are facing, our highly respected team of drug lawyers in New York should be your first call. After an arrest for any drug crime in New York City, contact our firm at your first opportunity so we can immediately begin building your defense.

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