Long Island Drug Crimes Defense Lawyer

Unlawful Possession of Marijuana

Unique to marijuana, the possession of less than two ounces of marijuana in a non-public place is a penalty carrying a fine of up to $100 for a first offense, $200 for a second offense within the last three years, and $250 for a third offense. A third offense can also carry the potential penalty of 15 days in jail.

Seventh Degree Criminal Possession of a Controlled Substance

Unique to marijuana, the possession of less than two ounces of marijuana in a non-public place is a penalty carrying a fine of up to $100 for a first offense, $200 for a second offense within the last three years, and $250 for a third offense. A third offense can also carry the potential penalty of 15 days in jail.

Sixth Degree Criminal Possession of a Controlled Substance

There is no criminal possession in the Sixth Degree in the state of New York at this time, which may be confusing to someone charged with a possession crime. New York statutes entirely omit Sixth Degree Criminal Possession, but it leaves the option for the legislature to one day use Sixth Degree Criminal Possession for certain amounts of particular drugs.

Fifth Degree Criminal Possession of a Controlled Substance

Criminal Possession of a Controlled Substance in the Fifth Degree is a class D felony that could carry a year to two and a half years in prison for a first offense, four years for second offenders and four and a half years for prior violent offenders. A person may be charged with Fifth Degree Criminal Possession for possessing any number of drugs, including at least 500 mg of cocaine or crack cocaine, less than 2 ounces of marijuana in a public place, 50 mg of PCP or more, and 1,000 mg of ketamine.

Fourth Degree Criminal Possession of a Controlled Substance

Fourth Degree Criminal Possession is a class C felony, that may be punished with up to five and a half years in prison for first offenders. Second offenders may be penalized with up to 12 years in prison, while those with a previous violent offense on their record could face up to 15 years. A person may be charged with Criminal Possession of a Controlled Substance in the Fourth Degree for possessing certain amounts of a number of drugs, including at least 1/8 of an ounce of cocaine or crack cocaine, at least half an ounce of methamphetamine, 25 mg or more of ecstasy, one-eighth of an ounce of heroin or more, two ounces or more of marijuana, 360 mg of methadone, 50 mg or more of PCP wit the intent to sell, and 4,000 mg or more of ketamine.

Third Degree Criminal Possession of a Controlled Substance

A person could potentially spend up to nine years in prison for Criminal Possession of a Controlled Substance in the Third Degree, which is a class B felony. For a second offense, a person may face up to 12 years in jail and previous violent offender could be sentenced with up to 15 years in jail. A person may be charged with criminal possession in the third degree for possessing certain amounts of a variety of drugs, including at least half an ounce of cocaine or crack cocaine, possessing a drug with the intent to sell it, at least 5 mg of ecstasy, one-half of an ounce or more of heroin, more than 5 mg of LSD, at least 8 ounces of marijuana, and at least 250 mg of PCP.

Second Degree Criminal Possession of a Controlled Substance

Criminal Possession of a Controlled Substance in the Second Degree is a class A-II felony that carries a potential prison sentence of three to 10 years in prison. Repeat offenders may receive up to 14 years behind bars, and those with a prior violent offense on their record could face up to 17 years in prison. A person could be charged with Second Degree Criminal Possession by possessing a number of different drugs, including four ounces of cocaine or crack cocaine, at least 2 ounces of methamphetamine, 25 grams or more of ecstasy, four ounces or more of heroin, 25 mg or more of LSD, at least 16 ounces of marijuana, and at least 2,880 mg of methadone.

First Degree Criminal Possession of a Controlled Substance

A person could potentially spend up to nine years in prison for Criminal Possession of a Controlled Substance in the Third Degree, which is a class B felony. For a second offense, a person may face up to 12 years in jail and previous violent offender could be sentenced with up to 15 years in jail. A person may be charged with criminal possession in the third degree for possessing certain amounts of a variety of drugs, including at least half an ounce of cocaine or crack cocaine, possessing a drug with the intent to sell it, at least 5 mg of ecstasy, one-half of an ounce or more of heroin, more than 5 mg of LSD, at least 8 ounces of marijuana, and at least 250 mg of PCP.

What are Drug Sale Charges

A person may be charged with possession with the intent to sell based upon a number of circumstances involved during the arrest. These circumstances may include the possession of large quantities of certain drugs, large amounts of money, or other items associated with the sale and distribution of drugs.

Fifth Degree Criminal Sale of a Controlled Substance

A person may be charged with this class D felony for selling specific amounts of certain drugs. First offenders may be punished with one to two and a half years in prison, while second time offenders may face up to four years in prison. Those with previous violent charges could be sentenced to four and a half years incarceration. A person may be charged with Criminal Sale of a Controlled Substance in the Fifth Degree for selling certain drugs in certain amounts, such as selling less than one gram of ecstasy, less than 1 mg of LSD, at least 2 grams of marijuana. For more information, see our article NY PENAL § 220.31: Criminal Sale of a Controlled Substance in the Fifth Degree.

Fourth Degree Criminal Sale of a Controlled Substance

A charge of Criminal Sale of a Controlled Substance in the Fourth Degree is a class C felony and carries a potential prison sentence of five and a half years for first time offenders. For many, this charge acts as a “catch all,” as a person may be charged merely for knowingly and unlawfully selling a narcotic preparation, depressant, concentrated cannabis, methadone, or other drugs.

Third Degree Criminal Sale of Controlled Substance

Along with being charged with Third Degree Criminal Possession of a Controlled Substance, a person may be charged with this class B felony for Third Degree Criminal Sale. This crime carries a potential penalty of one to nine years in prison for a first offense, up to 12 years for a second offense, and up to 15 years for previous violent offenders. A person may face this charge for selling any number of drugs, in varying amounts, including less than a half ounce of cocaine or crack cocaine, less than one-eighth an ounce of methamphetamine, at least one gram of ecstasy, less than half an ounce of heroin, at least 1 mg of LSD, 25 grams or more of marijuana.

Second Degree Criminal Sale of Controlled Substance

Second Degree Criminal Sale is a class A-II felony in New York, and carries a potential penalty of three to 10 years for a first offense. Repeat offenders could face up to 14 years in prison, and those with prior violent offenses on their record could receive 17 years in jail. A person could be charged with Second Degree Criminal Sale for selling certain drugs in varying amounts, including selling at least half an ounce of cocaine or crack cocaine, at least one-eighth an ounce of methamphetamine, at least five grams of ecstasy, at least half an ounce of heroin, 5 mg or more of LSD, 4 ounces or more of marijuana.

First Degree Criminal Sale of Controlled Substance

This class A-I felony carries a possible sentence of eight to 20 years in prison. A repeat offender could face up to 24 years in jail for a charge of First Degree Criminal Sale, and previous violent offenders could receive 15 to 30 years in prison. A person could be charged with Criminal Sale of a Controlled Substance in the First Degree for selling a number of different drugs, including two ounces or more of cocaine or crack cocaine, half an ounce of methamphetamine, two ounces or more of heroin, 16 ounces or more of marijuana.

What Are Other Drug Charges?

New York has a number of other charges related to the possession and sale of drugs. A person could be charged with Using a Child to Commit a Controlled Substance Offense, which is a class E offense. Similarly, a person could be charged for the sale of a controlled substance to a child, which is a class B felony that carries a potential penalty of up to nine years in prison for just a first offense.

You or your family member could also be faced with charged related to the possession of drug paraphernalia. New York law includes first and second degree variants of this charge, and the term paraphernalia could include any number of other items necessary for the use or manufacture of certain drugs. Criminally using paraphernalia in the second degree is a class A misdemeanor and carries a potential crime of one year in jail. The first degree variant of this crime is a class D felony that carries a potential sentence of up to two and a half years in jail.

New York state has a number of different charges that it can use to prosecute those who are involved in the sale, distribution or use of a particular drug. Merely having the necessary materials or equipment to make certain drugs can be enough to be charged with a drug crime. An attorney can help you or your loved one understand the nuances of these crimes and the possible defenses.

What about Out of State Marijuana Legalization?

Some cities and states have begun decriminalizing marijuana use. Merely because a person has traveled to or lives in one of these areas will not be enough to avoid a charge in New York. A judge may choose to take this factor into consideration, but it is not a guarantee for leniency. Be aware that if you travel to an area with decriminalized marijuana, you should not bring the drug into New York while it remains an illegal substance under the law.