What Should I Do if I’m Facing Drug Possession Charges in New York?

Facing drug possession charges can be overwhelming and scary but it is important that you remain calm and learn about your rights and legal options. Drug crimes can carry significant consequences in New York so understanding the proper steps to take after your arrest is crucial. Speak with a New City drug possession crime defense attorney today for more information and skilled representation.

What Are the Penalties for Drug Possession in New York?

The penalties for drug possession in New York vary widely depending on the type of drug, the amount in possession, whether there was intention to distribute, etc. With that being said, the general sentencing guidelines for drug possession charges in NY are as follows.

Seventh-degree possession

• Class A misdemeanor
• Up to $1,000 in fines
• Up to 1 year in prison

Fifth-degree possession

• Class D felony
• Up to $5,000 in fines
• Up to 2.5 years in prison

Fourth-degree possession

• Class C felony
• Up to $15,000 in fines
• Up to 5.5 years in prison

Third-degree possession

• Class B felony
• Up to $30,000 in fines
• Up to 9 years in prison

Second-degree possession

• Class A-II felony
• Up to $50,000 in fines
• Up to 10 years in prison

First-degree possession

• Class A-I felony
• Up to $100,000 in fines
• Up to 20 years in prison

The above penalties are standard but they can be accompanied by additional consequences like drug treatment programs, community service, probation, and more.

What Should I Do if I’m Facing Drug Possession Charges in NY?

If you are facing drug possession charges in New York, try to remain calm and consider the following options.

1. Exercise your right to remain silent to avoid self-incrimination
2. Hire an experienced criminal defense attorney and work with them to evaluate the case and evidence against you
3. Explore your options for challenging evidence, striking a plea bargain, diversion programs, and more
4. Prepare for court by working with your attorney to identify weaknesses in the opposing side’s case and create an effective defense

Because the penalties and potential consequences of drug possession are so severe, taking appropriate steps after your arrest is essential in protecting your future.

What Are Some Effective Defenses for Drug Possession?

When you are being charged with possession one of the most important things you can do is formulate an effective defensive strategy. The prosecution bears the burden of proving that you are guilty. All you and your lawyer have to do is cast doubt on the opposing argument in a compelling enough manner to convince the jury that there is a chance you are not guilty.

Below are some defenses that have proven beneficial in past cases.

• Evidence was found based on an unlawful search and seizure
• You were not aware of the presence of drugs
• The drugs did not belong to you
• Entrapment
• Coercion
• The substance was not an illegal drug

With the help of an experienced attorney, you can implement one or more of the above defenses in your case. Reach out to a lawyer at the Law Office of Kevin T. Conway to set up a consultation today.