Seeking Immediate Counsel from an Experienced Defense Attorney is Imperative
The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.
Federal agents routinely arrest individuals who they suspect to be involved in drug trafficking either across state lines or into the United States from other countries.
Possessing a large amount of an illegal drug is a federal offense under 21 U.S.C. §841. Depending on the quantity of the drug found, an individual may be subject to mandatory minimum prison sentences. These sentences also vary depending on the type of drug that is found and the schedule it falls into.
A defendant is required to serve a mandatory five-year minimum sentence if they are found to have at least 100 grams of heroin in their possession. However, for this mandatory minimum to apply to powdered cocaine, the amount must be at least 500 grams.
On the other hand, greater amounts of narcotics may call for a ten-year mandatory minimum sentence, or even longer should aggravating factors such as an overdose death come into play.
For defendants facing charges involving less than these amounts, the penalties are still harsh. Even nominal amounts carry potential penalties of up to one year in prison and a minimum fine of $1,000. Finally, property can be seized - cash, cars, homes, and any other personal property. These punishments can be attached to any person found guilty of federal drug crimes and sentenced to any term of imprisonment in excess of one year.
New York Penal Law 220 governs drug and narcotics possession and sale in New York. Depending on the amount of a certain narcotic as well as its classification, different elements of an offense will apply.
Criminal possession of a controlled substance in the fifth degree involves possessing a controlled substance intending to sell it. It is a Class D felony. See N.Y. Pen. Law § 220.06.
Criminal possession of a controlled substance in the fourth degree involves possessing at least 1/8 ounce of narcotic drug preparations; at least 1/2 ounce of methamphetamine preparations; at least 2 ounces of narcotic preparations, or a handful of other variations. It is a Class C felony. See N.Y. Pen. Law § 220.09.
Criminal possession of a controlled substance in the third degree, typically entailing an amount greater than those above, is a Class B felony. See N.Y. Pen. Law § 220.16.
Criminal possession of a controlled substance in the second degree involves possessing a minimum of 4 ounces of narcotic drug preparations; 2 ounces of methamphetamine preparations, or a handful of other variations. It is a Class A-II felony. See N.Y. Pen. Law § 220.18.
Criminal possession of a controlled substance in the first degree is the most serious drug possession crime. You will face this charge if you possess a minimum of 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a Class A-I felony. See N.Y. Pen. Law § 220.21.
Federal drug charges carry some of the most severe penalties, and many of the crimes within this umbrella require mandatory minimum sentences upon a conviction, meaning a Judge can’t sentence you to probation despite mitigating factors. As such, your defense against federal drug crimes is of the utmost importance and an experienced NYC Drug Lawyer can help.
Trafficking in Schedule I or Schedule II drugs (cocaine, heroin, fentanyl, LSD, and PCP) is punishable by a mandatory 10-year prison sentence upon conviction. Drugs that fall into these categories are highly addictive and have a significant potential for abuse.
Trafficking charges for Schedules III, IV, and V drugs, such as codeine, could result in a one to five-year prison sentence and up to $500,000 in fines for a first offense.
Under 21 U.S.C. §§ 841(b)(1)(a) and 960(b)(1), trafficking the drugs listed above in specific quantities can result in a prison sentence from 10 years to life. Alternatively, pursuant to 21 U.S.C. §§ 841(b)(1)(b) and 960(b)(1)(2), different quantities may call for a sentence of five to 40 years in a federal prison.
The federal sentencing table as it relates to drug crimes is expansive, and numerous enhancements are typically sought out by prosecutors to bolster your guidelines and increase your prison time. Recently, much emphasis has been placed on offenses related to the possession and trafficking of fentanyl, and specific enhancements apply where an overdose is suspected to be directly connected to the sale of fentanyl or other controlled substances.
On the state level, accusations of drug possession, manufacturing, and sales can be just as severe and result in significant prison time. Pursuant to New York State’s Major Trafficker statute, the Special Narcotics Prosecutor in New York City is authorized to bring certain charges against individuals who specifically sell massive quantities of drugs and who generate substantial profits. Codified by New York Penal Code § 220.77, the prosecutor must generally show that you acted as a director or profiteer of a controlled substance organization which sold drugs valued at $75,000 or more within a specific time-period.
Beyond this statute, individuals may be prosecuted under various subsections of New York Penal Law § 220, ranging from first degree to seventh degree drug crimes, and classified from Class “A” level felonies down to misdemeanors.
Given the expansive nature of state and federal drug statutes, many avenues and gaps exist for your attorney to implement strategic and sound defenses. Frequently, issues will exist surrounding the precise quantities of drugs confiscated, your specific role, if any, within a drug trafficking organization, as well as potential defenses by way of entrapment, necessity, intent, or knowledge.
A strategic and thorough defense lawyer will take the above defenses and amplify them, finding ways to lessen an individual’s exposure through pre-trial motions and effective, persuasive federal sentencing memorandums. Recently, our firm secured a below-guidelines sentence on a federal drug conspiracy matter by employing those exact tactics.
If you are being prosecuted for either state or federal drug crimes, and whether it be for the sale, possession, trafficking, or manufacturing of a controlled substance, hire a former prosecutor and seasoned defense attorney who has dealt with these charges on both sides of the courtroom. Being charged with a drug crime is extremely serious and can have a lasting impact.
What your defense attorney does in the face of these accusations, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. Contact The Law Offices of Jason Goldman today.
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