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We Defend the Full Range of Drug Charges in Huntington

New York continues to wage a war on drugs, and no one should assume the state will decriminalize drugs any time soon. In New York, various drugs are listed as controlled substances, including cocaine, heroin, and even common prescription drugs. The law limits the ability of people to possess these drugs without a valid prescription. Furthermore, New York continues to criminalize the possession criminal sale of large amounts of marijuana.

If you are facing drug charges, you need immediate legal representation. The state could very easily put you in prison for up to a year or years—all for one simple mistake. Contact a Huntington, New York drug crimes lawyer at Karpf Criminal Law today. Our criminal defense attorneys can review the charges and begin developing a defense. A Huntington Station drug charges lawyer is standing by. Contact our New York drug charges lawyers today for a fully confidential consultation with a top-rated New York drug crimes defense lawyer.

Controlled Substance and Drug Offenses in Huntington, NY

In New York, controlled substances (drugs) are classified based on their accepted medical uses (or lack thereof) and their potential for abuse. Schedule I drugs are the most dangerous drugs and they can carry the most serious penalties for criminal offense. On the other side of the spectrum, Schedule V drugs are considered to be the least dangerous. Still, a Schedule V controlled substance can lead to a serious criminal charge and drug conviction. New York lists controlled substances on schedules based on their risk. Here are some common scheduled drugs:

  • Schedule I: LSD, heroin, opiates, and mescaline, among others.
  • Schedule II: oxycodone, cocaine, fentanyl, codeine, and raw opium, among others.
  • Schedule III: ketamine, pentobarbital and others.
  • Schedule IV: diazepam (Valium), barbital, and many common prescription drugs.
  • Schedule V: medicines with low amounts of codeine
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Note: Marijuana is not listed on the schedules, and New York has decriminalized small amounts for individual use.

Common Drug Possession and DRUG Charges in Huntington Station, NY

Drug charges can come in a wide range of different forms. Indeed, New York prosecutes a wide array of drug crimes, including:

  • Marijuana charges. New York has decriminalized up to 3 ounces of cannabis for adults 21 and older. Larger amounts, or possession of any amount by someone under 21, remains illegal. If you or your loved one is facing any type of state or federal marijuana charge, our Huntington Station criminal defense lawyer is here to help. 
  • Selling controlled substances. You can’t sell any controlled substance, including your prescription medication. These are considered to be drug trafficking/distribution offenses. They are typically felony offenses. If you are facing any charge for selling a controlled substance, please do not hesitate to contact our Huntington criminal defense lawyer, 
  • Criminal possession. Something as simple as possession of a drug without a valid prescription is a crime in New York. How serious is a drug possession offense? In New York, the answer depends on case-specific factors, including the specific controlled substance in question and the amount of the drug that you allegedly had. 
  • Possession With Intent to Distribute: In New York, prosecutors can sometimes bring distribution charges based solely on the amount of the controlled substance that the defendant alleged has within her or her possession.  
  • Drug Manufacturing: Were you arrested for the alleged manufacture of a controlled substance in Huntington Station, Suffolk County, or elsewhere in Long Island? You could face very serious felony criminal penalties. Contact our New York drug manufacturing defense lawyer today for a fully confidential, no obligation consultation. 
  • Major trafficker. You can be convicted under New York Penal Code § 220.77 as a major trafficker for running a drug ring, or for selling or possessing at least $75,000 in narcotics. If you or your loved one is facing a criminal charge for a major trafficking offense, it is imperative that you contact our Huntington criminal defense attorney right away.

Penalties for a Drug Crime

The penalties will depend on the charge, such as possession or trafficking, as well as the type of drug involved and the amouThe penalties will depend on the charge, such as marijuana possession or trafficking, as well as the type of drug involved and the amount. It’s not possible to list all possible penalties for each scheduled drug (there are hundreds). The specific penalties for a drug-related offense can vary widely based on the substance, amount, and whether or not distribution/trafficking is alleged. Nonetheless, the sentencing range for drug possession charges are as follows:

  • First-degree drug possession, Class A-I felony. You can face between 8 and 20 years in prison for a first offense.
  • Second Degree drug possession, Class A-II felony. Penalties range 3-10 years in prison and maximum $50,000 fine.
  • Third degree drug possession, Class B felony. Up to 9 years in prison and a $30,000 fine.
  • Fourth degree Drug possession, Class C felony. Maximum 5.5 years in prison and $15,000 fine.
  • Fifth degree, Class D felony: max 2.5 years in prison and $5,000 fine.
  • Class A misdemeanor drug crimes: up to 364 days in jail and a $1,000 fine.

Contact Karpf Criminal Law so we can dig in and look at the facts of your case. You should know what penalties you are facing before we begin designing a defense. Not only will we make sure that you understand the penalties serious consequences that you are facing, such as seeking a drug treatment court program, we will fight to limit your exposure.

Can You Defend Against Drug Charges With Drug Crime Lawyers?

Yes! Getting arrested might feel like a frightening experience. But our criminal defense lawyer can swing into action to get the Yes! Getting arrested might feel like a frightening experience. But our criminal defense lawyer can swing into action to get the best result possible for your drug charge. We target a defense to the facts of your drug possession cases, related crime and drug offenses:

  • Unconstitutional search and seizure. Police must follow the law when stopping you and searching your person or vehicle.  If they don’t have reasonable suspicion, a stop is illegal. Without probable cause, any search or arrest is illegal. We can fight to get the drugs excluded from court, which often causes a case to collapse.
  • Mistaken identity. Someone else could have been in possession or illegal drugs from drug trafficking. Often, witnesses are mistaken about the identities of criminal perpetrators. Mistaken identity is a defense strategy that should be supported with as much evidence as possible. For example, you may have an alibi against alleged witness testimony. 
  • Lack of knowledge. Drug charges often have a mental state requirement. For example, it’s not illegal to have drugs in your jacket pocket if you don’t know about them. You could have borrowed the jacket from the person who owned the drugs involved. The state must prove your knowledge beyond a reasonable doubt.
  • Inaccurate measurement. Criminal charges often depend on the amount of a substance found. The police could measure it wrong, resulting in inflated charges. As the amount of the controlled substance in question matters, it is imperative that any measurement is accurate. 
  • Prosecutorial misconduct. When the state violates the law in prosecuting a case, we can ask a judge to dismiss the drug crime charges. For example, they might have refused to turn over exculpatory evidence. Our Huntington Station criminal defense lawyer is prepared to take aggressive action to uncover and challenge prosecutorial misconduct. 

There is no one-size-fits all defense strategy for a drug charge. Quite the contrary, every case should be defended with careful attention to the evidence. Our Huntington Station drug crimes defense lawyer is prepared to evaluate every potential defense option for your case.

WHY TRUST HUNTINGTON STATION DRUG CRIMES DEFENSE ATTORNEY ANDREW KARPF

Drug charges can carry very serious criminal penalties in New York. Whether you are facing a charge in state court or federal court, it is imperative that you have a strong, experienced advocate on your side. Our founder and lead attorney is an award-winning criminal defense lawyer. With extensive experience defending drug charges and a long-record of , we provide proactive and personalized guidance and advice. When you contact us at our Huntington Station law office, you will connect with a New York criminal defense attorney who can: 

  • Hear your story and answer questions about your criminal case; 
  • Investigate the drug charges—gathering the evidence to build your defense; 
  • Handle the interactions with law enforcement officers and prosecutors; and 
  • Develop a comprehensive, personalized defense strategy. 

DRUG CRIMES CHARGES IN NEW YORK: FREQUENTLY ASKED QUESTIONS (FAQs)

Should I Speak to a Lawyer If Arrested for a Drug Charge?

Yes. Drug charges can carry serious criminal penalties. If you or your loved one was arrested for any type violent felony amount of drug charge—from possession to trafficking to manufacturing—it is imperative that you consult with a Huntington Station, NY drug crimes defense lawyer right away.

What is Constructive Possession?

There are two types of drug possession: 1) Actual possession and 2) Constructive possession. Broadly defined, construction possession is a non-actual possession. A person can be charged with drug possession if drugs are discovered not on their actual person if they had dominion and control over the controlled substance in question.  

When are Drug Charges Handled as Federal Crimes?

A drug offense can be charged as a federal crime in New York State if federal prosecutors have jurisdiction over the case. Most often, the federal government will get jurisdiction over a drug charge if the offense crosses state lines. However, drug charges could also be a federal offense if that incident occurred on federal property. If you are facing a charge for a federal drug offense, please do not hesitate to contact our Hungtington station defense lawyer for immediate help. 

Is Drug Treatment an Option for a Possession Charge?

Yes—or at least drug treatment is an option for many possession cases in New York State. It can be an especially effective approach for a defendant who is facing a first-time possession charge, especially for a simple possession charge. Whether drug treatment is the right solution for your case will depend on many different factors. Our Huntington, NY drug crimes defense attorney is prepared to help you find the best path forward. 

Should I Plead Guilty to Controlled Substances Offense?

It depends. A plea agreement—potentially including a form of alternative sentencing—may be the best path forward in a drug crimes case. The solution will always vary based on case-driven factors, such as the strength of the prosecution’s evidence and the terms of the proposed plea agreement. Our Huntington Station, TX drug crimes defense lawyer has the skills and experience to help you negotiate the most favorable plea deal—assuming one is the best option in your case.

Call Our Huntington, NY Drug Crimes Lawyer Today

Pick up the phone and call Karpf Law for the best defense against drug laws in Huntington Station, (631)424-6444. We can fight to get drug charges dropped or negotiate for a plea which can minimize the penalties you face. We are available to meet to discuss your case in a confidential setting. From our Huntington Station office, we defend drug charges in Suffolk County and throughout the surrounding region in Long Island.