Facing Drug Conspiracy Charges in New York?

In New York, drug conspiracy charges fall under the broader category of criminal conspiracy, governed by NY Penal Law Article 105.

Unlike federal law, New York does not have a separate statute for “drug conspiracy.” Instead, prosecutors charge defendants under the conspiracy laws based on the underlying drug offense they allegedly agreed to commit.

Criminal conspiracy in New York occurs when:

• Two or more people agree to engage in conduct that constitutes a felony, and
• At least one party commits an overt act to carry out the agreement.

When the underlying offense involves controlled substances, such as the sale or possession with intent to sell drugs, the conspiracy charge reflects the severity of the planned drug offense.

Example

If two individuals agree to sell cocaine and one of them takes a step like contacting a buyer, they could both be charged with Conspiracy in the Fourth Degree (NY Penal Law § 105.10) or higher, depending on the underlying drug offense.

How We Fight Drug Conspiracy Charges in New York

Each case depends on its unique facts and we go lengths to assess whether these or other defense strategies will produce the best outcome for you.

• Lack of Agreement: No actual meeting of the minds or clear plan was made.
• No Overt Act: Even if a conversation occurred, if no step was taken to carry it out, the charge may not hold.
• Withdrawal: If a defendant withdrew from the conspiracy before any overt act, they may have a valid defense.
• Mistaken Identity or Entrapment: Law enforcement tactics can be challenged in court.

Possible Sentencing & Penalties in New York

Penalties are directly tied to the degree of conspiracy charged:

• Class A-I Felony: 15 to 25 years to life
• Class B Felony: Up to 25 years
• Class E Felony: Up to 4 years
• Misdemeanors: Up to 1 year

Sentencing can vary significantly based on prior criminal history, the amount and type of drug involved, and the defendant’s role in the conspiracy.

Examples and Related Cases

Conspiracy drug charges are extremely common, given the fact that it typically takes more than one individual to engage in a drug transaction.

Our office is currently representing an individual who was arrested alongside eight others in a wide-ranging narcotics conspiracy, according to the government. While the number of individuals involved may be cause for concern at first glance, oftentimes, the government will seek to include individuals in the conspiracy that played an extremely minor role, at best.

Indeed, a drug conspiracy covering the course of one-year may include charges against an individual who engaged in only a few phone calls during a one-week stretch of that entire time period. Yet, that defendant may be charged with the same exact indictment and charges as the individual who was the leader of the organization.

It is critical that your defense attorney identify where you fall within a drug conspiracy and work to minimize your role in comparison to the others on the indictment.

Your Defense Begins Now

Drug conspiracy charges in New York State carry serious consequences, even if no drugs were actually exchanged. These cases often turn on detailed factual and legal analysis. If you or a loved one is facing such charges, speak with an experienced criminal defense attorney as early as possible. Please contact The Law Offices of Jason Goldman today.