Drug Crimes
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Defending New York clients facing drug charges

New York has tough drug laws. New York courts and local law enforcement are proactive and aggressive towards drug crimes. New York courts are hostile towards drug crimes and judges hand down severe penalties for convictions. Some simple drug possession convictions could mean a financial burden that can impact your life for years. If you are caught with a particular amount of drugs, you could face the harsher charges of intent to distribute and sales. If you are convicted of a crime, you will have a criminal record that can impact your life and livelihood. In order to protect your future, you need a law firm that can effectively defend your case and help you avoid a conviction. Penichet & Alberga LLP understands how to navigate the legal system and has the skill to represent you when facing criminal charges.

Controlled Substance Act of 1970

Most state drug laws are still based on the federal scheduling of drugs under the Controlled Substance Act of 1970, with marijuana being an exception. Many states have taken a different stance on marijuana, some outright legalizing recreational use. Other drugs are still prosecuted using the same scheduling of drugs, some dating back 40 years from the Act’s inception. According to the Act, schedule I drugs are considered the most dangerous, have no medical benefits, and come with a high potential for abuse. Schedule II drugs are considered less dangerous, comes with some limited medical benefits, and a high risk of abuse. Schedule III drugs are considered even less dangerous, comes with medical benefits, and less potential for abuse. Below is the basic scheduling of drugs.

  • Schedule I: marijuana, heroin, LSD, ecstasy, and peyote.
  • Schedule II: cocaine, methamphetamine, methadone, Vicodin, Dilaudid, OxyContin, and Adderall/ Ritalin
  • Schedule III: Codeine, ketamine, anabolic steroids, testosterone

Schedule IV and V drugs, including Xanax, Darvocet, Valium, Ambien, and other drugs with low amounts of codeine are considered some of the least dangerous drugs. They have consistently been used for medical purposes and come with a lowest potential for abuse.


Drug Possession and New York laws

As stated earlier, drug penalties in New York and many other states correlate to their scheduling according to the Controlled Substance Act of 1970, with the exception of marijuana. In New York, a simple marijuana possession charge is a ticket, but other marijuana charges can be misdemeanors and felonies, depending on the circumstances and amount. In cases related to more serious drugs like heroin and cocaine, courts are more aggressive. Simple possession of most schedule I and II drugs, except marijuana, are misdemeanors or felonies. As the amounts grow, so do the consequences. If you are charged with a first offense drug crime, you may be able to avoid jail and other serious consequences through a probationary program with the right attorney. If you have been charged with a drug crime, contact Penichet & Alberga LLP.

Contact a Westchester County firm to defend your case

If you have been arrested for drug possession, intent to sell or drug distribution charges, you have a lot to consider, serious consequences to overcome, and an uncertain future. Penichet & Alberga LLP has years of experience helping clients who face drug charges in New York. Our attorneys will explore all legal defenses to help alleviate or avoid the impact of your charges. We are ready to review your case and use all legal means to conclude your matter in the best possible way. If you need our legal services, contact us by email or call us today at 914-806-6675.