NY Drug Crimes Defense Attorney
New York Drug Crimes
In New York, drug crimes are prosecuted according to the severity of the crime, the class and type of controlled substance, the intent behind the crime, and the number of prior violations for the accused. In cases where there is only possession without any intent to deliver the controlled substance, or misdemeanor class crimes, the penalties can bring high fines and up to one year in jail. Prison sentences are frequently the norm for felony class crimes involving not only possession, but intent to deliver, distribute, and manufacture controlled substances like cocaine, heroin, LSD, hallucinogens, and amphetamines.
New York Drug Crimes Laws
“any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.”
These substances include but are not limited to marihuana, cocaine, depressants, stimulants, hallucinogenics, and others as noted in Article 33 of the New York State Controlled Substances Act.
New York Drug Crimes Defense Attorney
The best criminal defense attorneys have had exposure to both sides of the criminal justice system. With over 25 years of experience serving as a homicide prosecutor in New York City, in addition to his years as a criminal defense attorney in New York State and the United States Army, Troy Smith can offer the best possible defense for any New York drug crime charges.
Some of the drug crimes that Mr. Smith is skilled in defending include:
- Criminal possession of a controlled substance, all degrees, for both felony and misdemeanor offenses
- Possession with intent to deliver, sell or prepare controlled substances or compounds, all degrees, all felony offenses
- Drug crimes committed within illegal boundary areas, such as schools, and involving minors or children
- Criminal sale of controlled substances, drug dealing charges
- Unlawful possession of marijuana
- Criminal possession of marijuana
NYGL Section 220 – New York Controlled Substances Offenses
NYGL Section 221 – Offenses Involving Marijuana in New York
The sentences imposed for felony drug crimes for all classes include prison time. Felony drug crime sentences carry a provision called ‘indeterminate’ sentencing; which means that the judge will determine the sentence based upon the severity of the crime and the prevailing evidence against the accused, but at no time will the sentence fall below a specific time period for imprisonment.
New York Penal Code Guidelines
According to the New York Penal Code Section 70.00 to 70.85 felonies ranging from Classes A to E will receive an indeterminate sentence of no less than one year, up to and including life imprisonment.
In addition, Section 70.15 of the New York Penal Code deals with misdemeanor sentencing guidelines; which include Class A and B misdemeanors, unclassified misdemeanors, and violations. The minimum sentencing guideline for a Class B misdemeanor is three months, and can be increased up to one year by the court for a Class A misdemeanor.
Under no circumstances should a defendant accused of one of these crimes attempt to defend themselves. Contacting an experienced criminal defense attorney like Mr. Smith is a necessity if you have been charged with a drug crime of any kind in New York State, Drug Crime Defense Attorney Troy A. Smith can be reached by phone at (212) 537-4029, , or use the contact form HERE.
Attorney Troy Smith handles both state and federal Drug Cases in Manhattan, Bronx, Brooklyn, Staten Island, Westchester County and all of the greater New York City area.