Huntington Station Drug Crimes Lawyer
DWI
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 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 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.
Controlled Substance in Huntington, NY
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
Marijuana is not listed on the schedules, and New York has decriminalized small amounts for individual use.
Common Drug Charges in Huntington Station, NY
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.
- Selling controlled substances. You can’t sell any controlled substance, including your prescription medication.
- Criminal possession. Something as simple as possession of a drug without a valid prescription is a crime in New York.
- 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.
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 amount. It’s not possible to list all possible penalties for each scheduled drug (there are hundreds). Nonetheless, the sentencing range is 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: 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.
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 best result possible for your drug charge. We target a defense to the facts of your drug 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.
- 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 are found in the pockets. 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.
- 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.
Call Our Huntington, NY Drug Crimes Lawyer Today
Pick up the phone and call Karpf Law for the best defense 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.
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