Drug possession charges in New York are a serious matter. If you are facing such charges, understanding the potential defense strategies that may be available is crucial. Please continue reading as we explore the consequences of this offense, potential defenses that can be raised, and the importance of connecting with our determined Suffolk County Drug Crime Lawyers.
What Are the Penalties for Drug Possession in New York?
Although recreational marijuana is legal in New York, stringent regulations remain regarding possession limits, permissible usage locations, and legal sales methods. Violations of these laws can result in significant consequences. Adults 21 and older can legally possess up to three ounces of cannabis or 24 grams of concentrated cannabis. However, possessing more than this amount can result in hefty fines and jail time.
Possession, distribution, or sale of controlled substances such as cocaine, heroin, methamphetamine, MDMA, fentanyl, and prescription opioids without a valid prescription can result in severe criminal charges. If you possess small amounts of cocaine or heroin, this is a Class A misdemeanor, which is punishable by up to one year behind bars and fines of up to $1,000. If you possess larger amounts or a mix of controlled substances, this is a Class D felony, which is punishable by up to 2.5 years of imprisonment. Possession of large quantities of narcotics is a Class B felony, punishable by up to 9 years of imprisonment. For massive amounts of controlled substances, this constitutes a Class A felony, which is punishable by a minimum of 8 years, with the potential of a life sentence.
It should be noted that in addition to prison time, those convicted of drug possession face a permanent criminal record. As such, if you are facing such charges, it’s in your best interest to consult an experienced Long Island drug crime attorney.
What Defenses Might Be Available?
If you are facing drug possession charges in New York, it’s crucial to understand that this does not automatically equate to a conviction. Depending on the specific circumstances, a skilled criminal defense attorney can employ various defense strategies to challenge the prosecution’s case.
The prosecution bears the burden of proving that a defendant knowingly and intentionally exercised control over the illicit substance. Consequently, one of the most frequently asserted defenses is that the illicit drugs do not belong to the defendant but rather to another individual. This defense may be pertinent in situations where multiple individuals are present at the time of the drugs’ discovery.
A lack of knowledge may be presented as a defense if one was unaware of the drugs’ presence. For instance, if an individual borrowed a friend’s vehicle and drugs were subsequently located in an inaccessible compartment, legal counsel might contend that the defendant was unaware of the drugs’ proximity.
Another common defense involves challenging the methods by which law enforcement obtained evidence. Should one believe that their constitutional rights were violated, legal counsel can file a motion to have any evidence acquired through an illegal search and seizure excluded.
If you are facing drug possession charges in New York, please don’t hesitate to contact an attorney at Castro & Trodden, LLC, who can help you understand your legal options.
