The types of drug offense cases that my firm handles include charges of Criminal Possession of a Controlled Substance, Criminal Sale of a Controlled Substance, Criminal Possession of Marijuana, Criminal Sale of Marijuana, and Operating as a Major Trafficker.
How Is A Drug Charge Determined To Be Either A Misdemeanor Or Felony In New York State?
Criminal Possession of a Controlled Substance, Criminal Possession of Marijuana, and Criminal Sale of Marijuana are charges that may be considered misdemeanors or felonies depending on the weight of the material allegedly possessed. However, all levels of Criminal Sale of a Controlled Substance are felonies.
What Are The Different Schedules Of Drugs In New York State? How Will They Impact My Drug Charge?
Any substance listed in Schedule I, II, III, IV or V of Section 3306 of the New York Public Health Law (other than Marijuana) is considered a “Controlled Substance.” The possession and sale of any Controlled Substance listed in Article 220 of the Penal Law can result in criminal charges.
What Is Considered Possession, Sale, Distribution, And Intent To Distribute Drugs In New York State?
To be considered in possession of unlawful drugs (i.e., Controlled Substances listed in Article 220 of the Penal Law or Marijuana) in New York State means to have physical possession of or otherwise to exercise dominion or control over unlawful drugs. Sale or distribution of unlawful drugs means to sell, exchange, give, or dispose of controlled substances to another person, or to offer or agree to do the same. Intent to sell unlawful drugs in New York State is often established by showing that the person who is alleged to have possessed the drugs possessed them along with packaging materials, possessed a large overall quantity of drugs packaged in separated small quantities, or possessed drugs in an amount beyond what could reasonably be considered for personal use.
What Are The Penalties Or Guidelines For Drug Convictions Under New York State Law?
A-1 DRUG FELONY
- NO PREDICATE FELONY Minimum 8 – Maximum 20
- NON-VIOLENT PREDICATE FELONY Minimum 12 – Maximum 24
- VIOLENT PREDICATE FELONY Minimum 15 – Maximum 30
A-2 DRUG FELONY
- NO PREDICATE FELONY Minimum 3 – Maximum 20
- NON-VIOLENT PREDICATE FELONY Minimum 6 – Maximum 14
- VIOLENT PREDICATE FELONY Minimum 8 – Maximum 17
B DRUG FELONY
- NO PREDICATE FELONY Minimum 1 – Maximum 9 (or probation or split sentence)
- NON-VIOLENT PREDICATE FELONY Minimum 2 – Maximum 12
- VIOLENT PREDICATE FELONY Minimum 6 – Maximum 15
C DRUG FELONY
- NO PREDICATE FELONY Minimum 1 – Maximum 5 ½ (or probation or split sentence)
- NON-VIOLENT PREDICATE FELONY Minimum 1 ½ – Maximum 8 (or probation or split sentence)
- VIOLENT PREDICATE FELONY Minimum 3 ½ – Maximum 9
D DRUG FELONY
- NO PREDICATE FELONY Minimum 1 – Maximum 2 ½ (or probation or split sentence)
- NON-VIOLENT PREDICATE FELONY Minimum 1 ½ – Maximum 4 (or probation or split sentence)
- VIOLENT PREDICATE FELONY Minimum 2 ½ – Maximum 4
E DRUG FELONY
- NO PREDICATE FELONY Minimum 1 – Maximum 1 ½ (or probation or split sentence)
- NON-VIOLENT PREDICATE FELONY Minimum 1 ½ – Maximum 2 (or probation or split sentence)
- VIOLENT PREDICATE FELONY 2 – 2 ½ DETERMINATE
MISDEMEANOR
- Maximum 364 days in jail
Are There Any Alternative Programs For First-Time Drug Offenders In New York State?
One alternative program for first-time drug offenders in New York State is called the Judicial Diversion Program (JDP). Once someone is accepted into this program, the person works with program staff and regularly reports to the Court. They attend drug treatment and are regularly drug tested. If they successfully complete the program, the JDP participant can have their charges reduced or possibly even dismissed.
There is a program at the Willard Drug Treatment Center, which is a specialized state prison that focuses on treatment of drug-addicted convicts. An inmate spends 90 days in the Willard Program, after which they are sentenced to parole for the remainder of their sentence. People charged with Class A felonies (even first-time offenders) are not eligible for the Willard Program.
Lastly, there is the SHOCK program. To qualify for the SHOCK Program, an individual must be between 16 and 50 years old and have 3 years or less left on their sentence. Participants in the SHOCK Program spend 6 months in a bootcamp-style environment. An individual who successfully completes this program is immediately eligible for parole. People charged with Class A felonies (even first-time offenders) are not eligible for the SHOCK program.
For more information on Drug Offenses In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.
