As a former Assistant District Attorney in the Bronx County Rackets Narcotics, I prosecuted countless drug offenses and dealt with some of the worst drug traffickers in the history of the State of New York. The law is currently changing with attempts to decriminalize some forms of controlled substances, and to lessen the penalties involved.
The drug offenses in New York have three levels of classifications. The first is known as the possession of a controlled substance. The other aspects of drug offenses include the intent to sell and finally, the actual sale of a controlled substance. The range of penalties can be anything from one year in prison all the way up to a Class A felony, which results in a fine of $100,000 and anywhere from 8 and 20 years in prison. However, there are also much smaller sentences for charges such as the possession of a controlled substance. This falls under a Class A misdemeanor, which has a maximum of one year in prison.
Nevertheless, it is one of the most serious and draconic areas of sentencing that still remains in the penal law, and in the criminal procedure law. It’s important that you have an attorney at your side that is well versed in defending these issues, recognizing what they are and putting forth the best defense possible to avoid lengthy incarceration, and in hopes of putting you in remediation or a probationary program as opposed to incarceration.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.