Both New York and federal drug crime statutes have a well-deserved reputation for being tough. If you’ve been arrested for possession, intent to distribute, or other offenses, you could be facing serious prison time, fines, and a host of other life-altering consequences.
However, you have the right to defend yourself against the charges. It starts with hiring a Syracuse drug crimes attorney who knows how to make the strongest case for the best possible outcome. Learn more about what Carden Dotzler Hammond, PLLC can do for you.
Federal and New York Drug Schedules
Both federal (Controlled Substances Act) and New York law (NY Public Health Law) classify drugs into five distinct schedules. The two sets of schedules are similar but not identical to each other. There are also different reasons for classifying drugs in the federal and state schedules.
For instance, federal schedules generally classify drugs based on factors like accepted medical use, potential for abuse, and potential for dependence. New York’s factors are broader and include abuse potential, risk level to public health, and historical and current patterns of abuse.
Certain controlled substances are classified under the same schedules under New York and federal law, including:
- Schedule I: Heroin, LSD, peyote, DMT, MDMA.
- Schedule II: Cocaine, fentanyl, methamphetamine, oxycodone, hydrocodone.
- Schedule III: Ketamine, buprenorphine, anabolic steroids, certain barbiturates.
- Schedule IV: Xanax, klonopin, valium, ativan, ambien.
- Schedule V: Pregabalin, lacosamide, certain codeine-containing cough preparations.
What Is a Drug Possession Charge?
A drug possession charge alleges that the defendant knowingly and unlawfully possessed a controlled substance without legal authorization. The exact offense in question, and penalties upon conviction, will depend largely on the substance, amount, and circumstances of the possession.
Under New York Penal Law § 220.03 (possession in the seventh degree), the prosecution must prove:
- Knowing possession: This means the defendant was aware that they possessed the drug in question.
- Actual or constructive possession: Actual means being in physical possession of a drug, while constructive means the defendant exercised control over the drug.
- Controlled substance: The substance must be one of the controlled substances listed in one of the five New York schedules.
- The possession was unlawful: In other words, the defendant had no legal authorization to possess it.
For higher-degree possession charges, under different statutes, there are other important elements such as the amount of the controlled substance, intent to sell, and more.
Federal simple drug possession requires the government to prove the defendant knowingly or intentionally possessed a controlled substance without legal authorization. Possession may be actual or constructive, meaning either physical possession of the drug or having control over it.
What Does the Government Have to Prove for Possession With Intent to Sell or Distribute Charges?
As with drug possession, the federal and state elements of intent to distribute charges are similar but not identical. In New York, the prosecution would have to prove the defendant possessed a controlled substance, knowingly and unlawfully possessed it, and had the intent to sell the substance.
“Sell” is fairly broad and can include selling, giving, exchanging, or otherwise conveying the drug to someone else. Meanwhile “intent” refers to one’s objective or purpose.
For a federal charge, the prosecution must show the defendant possessed a controlled substance, knowingly or intentionally possessed it, intended to distribute the substance, and that it was actually a controlled substance.
When Could I Be Charged With Drug Trafficking?
Drug trafficking refers to the illegal manufacture, distribution, sale, or transportation of controlled substances. The specific offenses and requirements for a conviction differ under New York and federal law.
In New York, a person may face drug trafficking charges if they knowingly and unlawfully sell a controlled substance. The specific charge will depend on the drug in question, its quantity, the location, and other factors. There is a separate offense for operating as a major trafficker.
For federal drug trafficking, an actual completed sale is not required. Federal trafficking charges are possible for knowingly or intentionally manufacturing, distributing, or dispensing a controlled substance, or possessing it with the intent to manufacture, distribute, or dispense.
What Are the Penalties for New York and Federal Drug Crimes?
The actual penalty that you may face for a drug crime depends on whether you are facing state or federal charges, the statute in question, the drug type and quantity, your prior convictions, and a number of other circumstances.
For example, in New York, possession of a controlled substance in the seventh degree is a Class A misdemeanor. Conviction can carry up to 364 days in jail and a fine of up to $1,000. More serious state possession charges are charged as felonies, with more time in prison and higher fines.
For federal simple possession, the sentence could be up to a year in prison and a minimum $1,000 fine for a first offense. If there is a prior qualifying drug conviction, the defendant may spend 15 days to two years in prison and pay a $2,500 fine.
There are other potential penalties such as loss of professional licenses, limited employment and housing options, impacts to your child custody case, reputational loss, and more. These can last for years after your conviction.
Because the actual penalty will depend on several complex factors, it’s a good idea to connect right away with a knowledgeable Central New York drug crimes attorney. We can review the specifics of the charges, explain the potential penalties, and get to work defending you.
What Are My Defense Options?
As with the penalties, your legal defenses will depend heavily on the unique facts of your New York or federal drug charges. Our Syracuse criminal defense lawyer is ready to develop a personalized strategy to seek the best possible outcome for you. It may include raising these defenses, among others:
- Illegal search and seizure: State and federal law enforcement officers, when searching for drugs in Syracuse or elsewhere in central New York, must observe certain constitutional norms. Evidence obtained illegally or unconstitutionally can lead to a motion to suppress.
- Lack of knowledge: Certain drug offenses require proof of knowledge. For example, the defendant must have knowingly possessed a controlled substance. Evidence that the defendant did not know a key piece of information could undermine the prosecution’s case.
- Lack of possession: For possession crimes, the government must be able to demonstrate actual or constructive possession. Merely being in the presence of drugs is not enough, and your Syracuse drug crimes lawyer can challenge the government on that.
- No actual or constructive possession: When certain spaces are shared, like a vehicle or workplace, it could be harder for the government to show that the defendant owned or had control over drugs that are found there.
- The substance was not a controlled substance: It is a basic requirement for any drug charge that the substance actually be a controlled substance. If it doesn’t fall into one of the schedules, you may be able to dismiss the charges.
- The defendant lawfully possessed the substance: A valid prescription or other authorization may defeat the government’s charges.
- Disputing the amount of drugs: Certain drug charges turn on the amount of the controlled substance. Since the quantity can affect the penalty, your lawyer could potentially challenge the methods used to measure, weigh, or test the drug in question.
- Challenging statements and confessions: Statements and confessions could be inadmissible in court under certain circumstances. For example, if the police questioned someone in custody without reading their Miranda rights first, the statements made could be suppressed in court.
There may be other defenses available, depending on the facts of your case. The most important thing you can do is retain a skilled Central New York drug crimes defense attorney early. This may give you the chance to develop a better, more comprehensive legal strategy.
Contact Our Syracuse Drug Crimes Lawyer
If you’re facing state or federal drug charges in New York, the time is now to seek legal representation. Our firm is ready to help. To learn more about your charges and to start building your defense, give CDH Law a call or complete our online contact form.
Frequently Asked Questions About Syracuse Drug Crime Charges
Can a drug offense result in both federal and state charges?
Yes, it is possible for certain underlying behavior or conduct related to drugs to lead to both New York and federal charges. Whether both governments will prosecute depends on various factors like the nature of the conduct and the interests of the prosecutors.
Even if you are currently facing only state charges, it is imperative that you prepare for potential federal charges. Our Syracuse federal crimes defense attorney is ready to assist you.
Are plea agreements possible?
Yes, they are possible with either federal or state charges. However, the rules and bargaining options differ. Depending on the facts of your case, negotiations may involve reduced charges, dismissed charges, or agreements concerning sentencing.
It’s important that you understand that prosecutors are not required to offer you a plea agreement. You need an attorney who is skilled at handling both federal and state plea bargains, so give our office a call early to explore this as an option in your case.
What factors affect drug crimes penalties?
Penalties may depend on the type and amount of drug involved, the specific offense, whether possession or distribution are charged, and the defendant’s criminal history. Additional factors, such as whether the defendant was in possession of a firearm, may also impact the penalty.