Drug possession charges are serious matters. While possession of small amounts of marijuana in your home may be legal, all other non-prescription drugs are still illegal. The police can charge you with illegal possession when you are caught with even a small amount of a drug.
Small amounts of drugs are typically classified as misdemeanors. However, depending upon the type and amount of drug found in your possession, the charges can quickly rise to felonies.
Mike Schillinger is an Astoria drug possession lawyer who may be able to help when you are facing any type of drug charge. Mike is a hard-working drug defense lawyer who is dedicated to fighting for his client’s goals and giving them the best chance for a successful outcome in court.
Drug cases under state law are among the most wide-ranging and diverse charges that a person can encounter. There are numerous ways that a prosecutor can bring drug possession charges against you, including simple possession, possession with intent to sell, and possession in excess of a certain weight.
The general concept behind each of these charges is the same. The prosecutor must prove a person had illegal drugs in their possession. The seriousness of the charge and potential sentence is determined by:
Depending upon the specific facts and circumstances of your case, the charges can range greatly, from an “A” misdemeanor, which carries up to a year in jail, to a class “A-1” felony with carries a mandatory minimum of 8 years in prison, with a maximum of 20, even for a first time offender.
The minimum charge of illegal drug possession a person may face is criminal possession of a controlled substance in the seventh degree under New York Penal Code § 220.03. This is a class “A” misdemeanor.
However, this charge may be upgraded when the police find a person with at least one-half ounce of a narcotic drug. This is a much smaller amount than you think, and it is not uncommon for people to have this amount for personal use. According to New York Penal Code § 220.06, this is known as criminal possession of a controlled substance in the fifth degree, and is a class “D” felony.
As the weight of the drug increases, so do the potential penalties. The most severe form of a drug possession charge is criminal possession of a controlled substance in the first degree under New York Penal Code § 220.21. This applies when a person is alleged to have at least eight ounces of a narcotic. This is a class “A-1” felony, and is among the most serious charges a person can face. Mike Schillinger is an attorney in Astoria who could help you argue for lesser drug possession charges and a reduced sentence.
Drug possession charges may not seem serious to many people. However, New York’s drug laws still allow prosecutors and courts to impose heavy sentences on people who are caught with even small amounts of drugs on their person. Because of this, people who are facing any drug charge must take steps to protect themselves.
Hiring an Astoria drug possession lawyer may provide valuable protection. Mike Schillinger is an attorney who could work with you to protect your rights from the initial arraignment through the end of the case. Whether a person’s goal is to resolve the case with a favorable plea deal, to avoid jail time, or to exercise their right to fight the case at trial, Mike is an Astoria drug possession lawyer who may be able to help. Contact us today to schedule a consultation.
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