New York State’s Penal Code remains among the strictest in the country when dealing with allegations of illegal drug possession. If you are caught with even a trace amount of an illegal drug, you could face heavy fines and lengthy jail terms if convicted.
Mike Schillinger is an experienced Islip drug possession lawyer who can help you gain a better understanding of New York State’s drug laws and how you can fight against criminal charges. Having a skilled drug attorney on your side could help give you a better chance for a positive outcome in court.
What Laws Control Illegal Drug Possession?
Charged separately from Marijuana, Article 220 of the Penal Law details various drug charges in New York State. In New York State, unlawfully possessing any amount of a controlled substance can be charged as a class “A” misdemeanor, and falls under Criminal Possession of a Controlled Substance in the Seventh Degree – NY PL § 220.03.
Some legislation has changed regarding decriminalization, particularly when it comes to the possession of small amounts of marijuana. In fact, folks that are 21 or older may now possess up to three (3) ounces of cannabis flower and smoke in most places where you can smoke or vape tobacco. With that being said, you still cannot smoke while operating a motor vehicle, in schools, or at locations where you are not allowed to smoke tobacco. Additionally, possessing more than three (3) ounces can potentially lead to criminal charges depending upon the amount of Cannabis you’re alleged to have possessed. For instance, possessing more than five (5) ounces can lead to a class “A” misdemeanor charge under New York State Penal Law § 222.30, whereas possessing more than four (4) pounds can lead to a class “D” felony charge under NY PL § 222.40.
Potential Penalties For a Misdemeanor or Felony Charge
Like most criminal charges in New York State, a class A misdemeanor has a range of potential sentences if convicted. The maximum sentence for a class A misdemeanor is 364 days of incarceration. However, the sentence can also potentially include up to three (3) years of probation, significant fines and court surcharges, community service, treatment mandates, etc.
In New York State, certain substances are always illegal to possess, including cocaine or its derivatives, LSD and other hallucinogens, and methamphetamine. People found with as little as one-half ounce of a narcotic drug face charges of criminal possession of a controlled substance in the fifth degree. Under NY PL § 220.06, this is charged as a class “D” felony and has the potential for between 1 – 2 ½ years of incarceration, even for a first-time offender. For what’s called a predicate felon, the sentencing range can vary depending upon whether you’re a violent or non-violent predicate, making the sentencing range between 1 ½ – 4 for a non-violent predicate, and 2 ½ – 4 ½ for a violent predicate. With that being said, depending on your record, you may still be eligible for non-incarceratory options such as probation, treatment, and drug diversion court.
Simple drug possession could be one of the harshest felonies that you could face in New York State. For instance, Criminal possession of a controlled substance in the first degree (NY PL § 220.21) states that any time a person is caught with more than eight ounces of a narcotic drug, the court can charge them with a class A-1 felony. Even if it’s someone’s first offense, being convicted of a class A-1 drug felony can subject them to a mandatory period of incarceration ranging from eight (8) years to twenty (20) years. If you are a violent predicate felon, this range can escalate to 15 – 30. If you find yourself charged with a drug-related crime, Mike Schillinger is an experienced attorney in Islip who has worked on numerous drug possession cases. He can help you understand the law and what options there may be.
Potential Defenses for Drug Charges
While drug charges are among the most common cases in Islip’s criminal courts, they are also some of the most defensible. These cases often rely upon third-party witness accounts and the execution of search warrants to gather evidence. The police rarely catch a person in public doing drugs.
When a prosecutor’s case depends upon unreliable witnesses or potentially illegal police work, there are many avenues that we can pursue to attack their case. From disputing the scientific methods behind the drug analysis to challenging the credibility of witnesses, Mike Schillinger is an experienced drug possession lawyer in Islip who has many methods at his disposal to use to defend his clients in court.
Let an Islip Drug Possession Attorney Help
It is crucial to take allegations of illegal drug possession seriously. The court could sentence any individual found guilty of these crimes to significant jail terms, and for the more serious charges, a prison sentence could even be mandatory.
Thankfully, Mike Schillinger is an Islip drug possession lawyer who can help you. Mike works with people to ensure they understand New York State’s drug laws and how they apply to their cases. He helps evaluate the strength of the government’s case and can help you pinpoint any potential weaknesses. Contact our firm today for a free consultation.
N/a
