Are you facing possible drug penalties following an arrest? You may be scared for your livelihood and your future. These penalties can be very serious and end up being life-changing in a negative way. Here is what you should know before hiring an attorney.
Possible Drug Penalties | Drug Crime Penalties
Unlike states in Colorado or Washington or the District of Columbia, it is still illegal to possess marijuana, especially in quantities over 28 grams. First-time possession doesn’t carry much consequence, a citation and a $100 fine. It is a non-criminal charge in New York State. We have decriminalized certain amounts of marijuana. In most cases I will be able to get you a delayed dismissal. If you possess marijuana in a quantity over 28 grams, you will be charged with either a misdemeanor or a felony.
Cocaine, on the other hand, carries a much stiffer penalty. Even if you are only found to be in possession of a very small amount, penalties can be several months to 15 years in prison and fines can be up to $500,000. Prosecutors and police will look at the type of cocaine and the amount to determine whether it is a misdemeanor or a felony.
Possession with intent to distribute may be determined based on the number of drugs found on your person. The quantity required to increase the charge from simple possession to possession with intent to distribute varies between the drugs found and their weight. Penalties for this offense are very serious. They range from a misdemeanor to an A felony.
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Possible Drug Penalties | The Variables That Affect Drug Penalties
The penalty sought by the prosecution and the sentence ordered by the court depends on the circumstances of the crime. The following are some of the factors affecting the penalty, per the criminal defense laws in NY State:
- Which illegal substance was involved in the crime?
- How much of the drug was involved?
- Was selling or intent to sell drugs evident?
- Were firearms seized with the narcotics?
- Does the client have any prior convictions and, if so, were any of them for felonies or violent felonies?
- Had the client received drug treatment?
If you have been arrested and are now facing possible drug penalties, please call our Buffalo drug crimes attorney Arthur Pressman today for a free consultation. Let his experience be your ticket to justice.