NYC Heroin Defense Attorney
Defense Against Heroin Charges In New York City
If you’ve been arrested for a heroin-related crime, such as possession with intent to sell or any other form of trafficking and distribution, it can come with grave consequences. Even if the charge is simply possessing a small amount of heroin for personal use only, you still face hefty fines, imprisonment, and probationary measures like community service and drug programs. Additionally, your driver’s license may be suspended too.
Heroin’s highly addictive nature has earned it the label ‘Schedule I controlled substance’, and even possessing a small amount of this drug can result in serious criminal charges, such as possession with intent. If you have been arrested on heroin-related allegations, your best course of action is to remain silent until you have spoken with an experienced NYC heroin defense attorney who will guide you through the process without compromising any of your rights. Contact Sosinsky Law today for a free consultation and to learn more about how we can help.
New York’s Heroin Laws
The state of New York categorizes opiates like heroin as dangerous, Schedule 1 narcotics. This high-risk designation reflects the State’s opinion that these substances are among the most hazardous drugs available.
The New York Penal Law §220.06 reflects the harsh reality of punishment for possessing heroin, even if it is just a half-gram; any illegal drug possession is seen as a class D felony and hence met with rigorous penalties.
When it comes to drug possession, the severity of potential penalties can vary based on the amount in possession. For instance, if someone is arrested for possessing a mere one-eighth ounce of heroin, they may be charged with criminal possession of a controlled substance in the fourth degree—a class C felony. On the other hand, those found carrying eight ounces or more could face an even more serious charge: a class A-1 felony conviction. If you’re currently facing charges related to a heroin crime and are located in New York City area then contact an experienced NYC heroin defense attorney who will help fight your case.
Selling And Distributing Heroin In New York
In New York, the potential consequences for possessing heroin with the intent to sell it are very severe. As outlined in §220.39 of the Penal Law, even a small amount carries a punishment equal to that of a class B felony. The presence of multiple packages and weighing scales as well as significant amounts of money indicates criminal intentions and thus can be used by prosecutors against you during court proceedings.
In New York, those caught in possession of a minimum half-ounce of heroin and deemed guilty by the authorities are automatically charged with class A-II felony as per Penal Law §220.41., which necessitates an obligatory imprisonment period ranging from three to ten years. Luckily, our experienced heroin defense lawyer can assist individuals who have been accused of this drug offense to create a defense strategy depending on their unique situation and the evidence at hand.
Federal Laws On Heroin Possession With Intent To Sell Or Deliver
Unlike New York State laws, the federal government does not mandate proof of sales to charge individuals with possession with intent to sell or deliver. 21 U.S. Code section 841 details what repercussions a defendant may face if they are charged federally in this regard without any evidence of sales being required as per usual. Depending on the amount of heroin you possess, these charges will be elevated from simple possession and could lead to dire consequences when facing court proceedings.
- For less than 100 grams of a heroin-containing mixture, you could face a maximum of 20 years imprisonment and a maximum million-dollar fine.
- For 100 grams or more of a heroin-containing mixture but less than a kilogram, you could face a minimum of five years imprisonment and up to 40 years incarceration. You also could be fined up to $2 million.
- For one kilogram or more of heroin or a heroin-containing mixture, you face a mandatory minimum of 10 years imprisonment and up to life in jail, as well as a fine of up to $4 million.
Penalties For Heroin Possession In New York
For those caught possessing heroin in New York, the penalties can be severe. Depending on the number of drugs and whether or not they were intended for sale, a person might face as little as one-year of imprisonment (Class A misdemeanor) to up to 15 years behind bars (Class C felony).
The consequences for those who are apprehended while having heroin on their person with the intention to sell can be incredibly severe. Depending on the scenario, they could face a Class D Felony which carries up to 7 years of incarceration or even a Class A-I Felony which comes with life imprisonment as its maximum sentence.
It’s important to note that these are the maximum penalties and the actual sentence an individual may receive would depend on a number of factors, including their prior criminal record and the circumstances of the offense. Additionally, drug-related charges often carry mandatory minimum sentences in New York, so individuals convicted of drug offenses may receive sentences that are longer than the maximum penalties mentioned above.
Frequently Asked Questions
Can My Record Be Sealed Of Heroin Charges In New York?
In New York, whether or not your record for a heroin charge can be sealed depends on several factors, including the circumstances surrounding the charge, the outcome of your case, and the length of time that has passed since the completion of your sentence.
Generally speaking, if you were convicted of a crime in New York, the record of that conviction cannot be sealed. However, if you were charged with a crime but the case was dismissed or you were acquitted, you may be eligible to have your arrest record sealed. In some cases, you may also be eligible to have your conviction record sealed if you were convicted of a non-violent crime and have successfully completed your sentence, including any probation or parole, and a certain amount of time has passed.
If you want to explore the possibility of having your record sealed, you should contact an experienced criminal defense attorney who can advise you on the specific laws and procedures in New York, as well as your eligibility for record sealing.
Can I Be Deported For Heroin Charges In New York?
Yes, you may be deported for heroin charges in New York if you are not a U.S. citizen. Under federal immigration law, non-citizens who are convicted of certain crimes, including drug offenses such as heroin possession or trafficking, can be subject to deportation. This means that even if you have lived in the United States for many years if you are convicted of a drug crime, you may be removed from the country.
It’s important to note that even if you are not convicted of a crime, simply being arrested for a drug offense can trigger immigration proceedings and lead to deportation.
If you are a non-citizen facing heroin charges in New York, it is highly recommended that you seek the advice of an experienced immigration attorney who can advise you on the potential immigration consequences of your case, as well as help you navigate the legal process and protect your rights.
Contact Our NYC Heroin Defense Attorney Today
Heroin drug charges in New York are among the most severe according to Penal Law. Even possessing a minuscule amount of an opioid can result in felony accusations, and penalties will only become more intense as the quantity increases, potentially including minimum jail time for distributing or selling heroin or other opiates.
If you are facing any charges related to a controlled substance, it is essential that you seek the legal expertise of an experienced NYC heroin defense attorney. Your lawyer will examine toxicology reports, file motions for the exclusion of illegally obtained evidence in court, and work aggressively on your behalf. Don’t hesitate to reach out to Sosinsky Law today for a confidential and free consultation about your case and explore what options may be available to you.