NYC Drug Trafficking Defense Attorney
Drug Trafficking Defense Attorney In New York City
New York State has several of the most complicated and harshest laws against drug distribution and trafficking within state lines. Even more Unfortunately, New York prosecutors have developed a well-known reputation for pushing hard to bring charges related to drugs which upholds their “tough on drugs” reputation.
If you’re up against challenging odds, contact our New York City drug trafficking defense attorney to help give you an advantage. With a national reputation for success, Fred Sosinsky has experience representing hundreds of clients in state and federal courts. Sosinsky Law is comprised of a top-notch legal team with the resources you need to secure the best possible outcome in your case. Contact our office today for a free consultation and to learn more about how we can help you fight the case.
New York Drug Trafficking Laws & Definition
If you are caught with drugs in New York City, the offense of drug trafficking can come with very serious consequences. Without the help of a knowledgeable and experienced NYC drug trafficking defense attorney, you may be facing jail time or other penalties. It is important to understand that drug trafficking charges in New York are based more on the weight and quantity of drugs found in your possession than on your intent to distribute or sell them.
Keep this in mind–under drug trafficking laws, the prosecution does not need to show that an individual meant to sell drugs on a large or small scale. Due to the quantity and weight-based offense, charges are frequently enhanced and built up. For example, some cases including prescription narcotics receive a drug trafficking charge based on the total weight of the pill including all ingredients instead of just the percentage of the controlled substance present.
Drug Trafficking Laws In New York
Certain drug trafficking charges in New York fall into particular categories, including degrees, levels, and classes. Oftentimes, these laws are very complicated and involve a lot of nuances; however, a qualified New York City drug trafficking defense lawyer can help you understand which ones may apply to your situation. Some of the most common examples include:
Depending on the type and amount of drug possession, there are currently six different offenses in New York that one can face. If you or somebody close to you has been charged with any degree of drug possession, our skilled drug defense attorney in New York City can help. Some examples of charges include:
Criminal Possession Of A Controlled Substance In The Seventh Degree (§ 220.03)
You will be charged with a class A misdemeanor if you knowingly and unlawfully possess a controlled substance in New York.
Criminal Possession Of A Controlled Substance In The Fifth Degree (§ 220.06)
If you are caught with the intent to sell any of the following substances, you will be charged with this offense: a controlled substance, a narcotic preparation, at least 1/4 ounce of concentrated cannabis, at 500 milligrams of cocaine, or 1,000 ketamine. Class D felonies incur more significant penalties.
Criminal Possession Of A Controlled Substance In The Fourth Degree (§ 220.09)
If you are caught with any of the following drugs, you will be charged with a class C felony: at least 1/8 ounce of a narcotic drug, at least 1/2 ounce of methamphetamine, at least two ounces of narcotic preparations, one gram or more of a stimulant, 25 milligrams or more of a hallucinogen, or 10 ounces or more of a dangerous depressant.
Criminal Possession Of A Controlled Substance In The Third Degree (§ 220.16)
If you knowingly and unlawfully possess a narcotic drug, hallucinogen, or stimulant with the intent to sell it, then you may face this class B felony.
Criminal Possession Of A Controlled Substance In The Second Degree (§ 220.18)
If you are caught possessing more than four ounces of narcotics, two ounces of meth, or 10 grams of stimulants, you may be charged with a class A-II felony.
Criminal Possession Of A Controlled Substance In The First Degree (§ 220.21)
If you are caught with eight ounces or more of illegal drugs, you will be charged with a class A-I felony.
You need an experienced NYC drug trafficking defense attorney if you’ve been charged with criminal possession of controlled substances in New York. At Sosinsky Law, our team is prepared to begin developing a comprehensive defense strategy as soon as you contact us for your free consultation.
Drug Trafficking Penalties In New York
Depending on the circumstances of the drug offense – such as the type and amount of drugs involved, where they were distributed, etc. the penalties for drug trafficking differ. However, New York law views all convictions for selling controlled substances as felonies that vary in level from fifth to first degree; the former being punishable by a prison sentence of up to two years and six months for first-time offenders while the latter is much more serious.
- For non-major drug traffickers, the minimum sentence will be 8 to 20 year imprisonment, followed by five years of post-release supervision
- At least 12 to 20 years in prison for second felony drug offenders
- A minimum of 15 years and a potential life sentence in prison for drug traffickers
Understanding DEA Drug Scheduling
According to New York’s legal definition, a “narcotic drug” refers to controlled substances other than methadone. The term “controlled substances” does not include marijuana; however, it does include concentrated cannabis. Controlled substances also refer to any drug classified as a Schedule V, IV, III, II, or I substance under $220. In general, the lower the drug’s schedule number is, the more harshly it will be prosecuted. Some examples by category are listed below:
- Schedule V – Cough Syrup, Lomotil, Parepectolin
- Schedule IV – Xanax, Valium, Ambien, Ativan
- Schedule III – Vicodin, Ketamine, Testosterone, Anabolic Steroids
- Schedule II – Methamphetamine, Cocaine, Adderall, Ritalin, Oxycodone, OxyContin, Fentanyl
- Schedule I – LSD (Acid), Heroin, Ecstasy, Peyote
While some of the substances listed above, like Adderall, are legal if you have a valid prescription from a legitimate doctor, others are not. If an illegal substance is sold unlawfully, the seller could be charged with Criminal Sale of a Prescription for a Controlled Substance under § 220.65, which is classified as a Class C felony.
Contact A New York City Drug Trafficking Attorney
If you have been charged with drug trafficking in New York, it is crucial that you speak with a New York City drug trafficking defense attorney as soon as possible. At Sosinsky Law, we will be able to help you plan your legal defense and navigate the often confusing criminal justice system. Don’t risk going to jail or having all of your assets seized – get in touch with our drug trafficking defense lawyer today and learn more about how we can help.