CDH Law, PLLC discusses the different types of drug charges in New York.

New York Drug Charges

By David Hammond

New York is well known as having some of the strictest, harshest drug laws in the United States. While the laws regarding the making, sale, and distribution of drugs are complex, New York has made it clear that those convicted of these kinds of charges will face serious consequences. Extended prison sentences and heavy fines await those convicted of the distribution or manufacturing of drugs. This kind of criminal charge will follow you long after your fines have been paid and your time has been served. It will follow you on job searches and housing applications. It is difficult to escape the stigma of a person with a drug conviction on his or her record.

Drug Charges: Drug Distribution, Trafficking, and Manufacturing Offenses

There are five degrees or categories of the crime of sale of a controlled substance. The degree will vary based on things like the amount of the controlled substance and the type of controlled substance at issue. To secure a conviction for the sale of a controlled substance, a prosecutor must be able to prove that the defendant unlawfully sold the controlled substance and knew that it was a controlled substance. There must have been intent to transfer the substance, but the prosecutor does not need to prove that the defendant knew the specific amount of controlled substance that was sold. The prosecutor also does not need to prove that the defendant ever had physical possession of the controlled substance. Additionally, there is usually no need to prove that the actual delivery of the controlled substance occurred. Agreeing or even an offer to sell the controlled substance may very well suffice to secure a conviction.

When the sale of a controlled substance involves at least $75,000 worth of the controlled substance or you sell this amount of the controlled substance on one or more occasions within six months, you may be facing drug trafficking charges. Under the New York penal code, drug trafficking is considered to be a major felony, a Class A-1 felony offense. Maximum potential penalties for this kind of offense may even include life imprisonment.

In addition to the sale and distribution of drugs, New York also considers drug manufacturing to be an extremely serious offense. Drug manufacturing involves the use of chemical processes to create a controlled substance that runs in violation of the law. The majority of drug manufacturing charges are classified as felonies. Those convicted of felony drug crimes in New York are usually not eligible for alternate sentencing. This means that things like drug treatment or rehabilitation in place of time in prison are usually not offered to defendants convicted of drug crimes of this nature. The severity of the sentence imposed on a defendant convicted of these kinds of drug crimes will depend on things like the controlled substance involved, the amount of controlled substance involved, and the criminal history of the defendant.

New York Drug Charge Defense Attorney

You do not want to go up against the New York criminal justice system alone, especially when you are facing a drug charge. The State of New York is tough on these kinds of crimes and the sentences handed down reflect this. CDH Law is prepared to mount the most rigorous defense possible to help you fight these charges. Contact us today.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.