What are some of the consequences of drug possession charges in New York?

Drug possession charges in New York can have severe consequences, including hefty fines, lengthy prison sentences, and significant impacts on personal and professional life. Those convicted may find it challenging to secure employment, housing, or acceptance into educational programs. The severity of the consequences often depends on the type and amount of the drug involved, as well as any prior convictions.

How do New York drug laws classify drug offenses?

New York drug laws classify drug offenses under two main headings: marijuana offenses and controlled substances offenses. Controlled substances offenses typically involve the possession, sale, and manufacturing of drugs such as heroin, cocaine, MDMA, and prescription drugs. Each classification carries its own set of penalties, with some offenses leading to mandatory prison sentences even for small quantities of drugs.

What are the penalties for different drug possession charges in New York?

Penalties for drug possession charges in New York vary based on the classification of the offense. For instance, a violation for unlawful possession of marijuana may result in a fine up to $250 or 15 days in jail for repeat offenses. More severe offenses, such as possession of a controlled substance in the first degree, can lead to life imprisonment and fines up to $100,000. The penalties increase significantly with the seriousness of the drug and the amount possessed.

What is the Drug Treatment Court in New York?

The Drug Treatment Court in New York offers an alternative to traditional sentencing for certain drug offenders. It is available to non-violent offenders charged with B, C, D, or E felonies and involves a court-supervised program for substance abuse rehabilitation. Successful completion of the program can result in reduced charges or even dismissal of the charges, providing defendants with a second chance and a fresh start.

What defenses are available for drug possession charges in New York?

There are several potential defenses for drug possession charges in New York. These can include proving the substance was not illegal, demonstrating legal possession through a valid prescription, or challenging the quantity of the drug. Additionally, defenses can involve arguing the absence of the "knowing" element required for possession charges or showing that the evidence was obtained through unlawful search and seizure, violating the Fourth Amendment.

How can an experienced defense attorney help with drug possession charges?

An experienced defense attorney can provide critical assistance in navigating the complexities of drug possession charges. They can challenge the legality of the search and seizure, negotiate with prosecutors for reduced charges, and develop a robust defense strategy. By leveraging their knowledge of relevant case law and legal precedents, they can work to protect the defendant's rights and achieve the best possible outcome.

What types of drug crimes are common in New York?

Common drug crimes in New York include drug possession, selling controlled substances, drug trafficking, and narcotics charges. Each of these crimes carries different penalties, with drug trafficking and the sale of controlled substances typically resulting in the most severe sentences. Possession charges vary in severity based on the type and amount of the drug involved.

Why is it important to contact a defense attorney immediately after being charged with a drug crime?

Contacting a defense attorney immediately after being charged with a drug crime is crucial to protect one's rights and begin building a strong defense. Early legal intervention can help secure bail, suppress evidence, and negotiate with prosecutors. An experienced attorney can guide the defendant through the legal process, providing advice and representation to achieve the best possible outcome.

How can Lebedin Kofman LLP help with drug possession charges?

At Lebedin Kofman LLP, we understand the severe impact drug possession charges can have on your life. Our experienced team of New York drug crimes attorneys will meticulously examine your case, challenge any unlawful search and seizure, and develop a comprehensive defense strategy. We are committed to protecting your rights and striving for the best possible outcome, whether through dismissal of charges or negotiating for lesser penalties.

How can someone contact Lebedin Kofman LLP for legal assistance?

If you are facing drug possession charges and need legal assistance, you can contact Lebedin Kofman LLP by calling (646) 663-4430. We offer a free consultation to discuss your case and explore your legal options. You can also reach out through our website by filling out the contact form with your details, and one of our experienced attorneys will get in touch with you promptly.

Experienced Drug Crimes Lawyer

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New York is known for having some of the strictest drug laws in America. Most controlled drug offenses are felonies. An accusation of criminal drug possession and other controlled subst

ances can have a huge impact on someone’s life. It can make it difficult for a person to get a job, a place to live, or apply for school programs. These offenses can also result in huge fines, and often lengthy prison sentences.

At Lebedin Kofman LLP, criminal defense attorney Russ Kofman and his team of New York drug crimes attorneys understand the difficult terrain of the justice system. Criminal charges often leave a devastating effect not only on the defendant’s life but also on their families. This is why having the legal advice of an experienced defense attorney is very important.

Call Lebedin Kofman LLP at (646) 663-4430 to discuss your drug charges with our experienced drug crimes lawyers.

Drug Possession in New York

Drug charges in New York can arise from a number of different scenarios. Drug possession, sale, and conspiracies involving drugs and other narcotics-related crimes are all dealt with in federal and New York courts. There are many drug crimes that carry maximum life sentences. Many cases have mandatory prison sentences, even for those who have only been charged with small quantities of drugs.

One development in the drug laws in New York is that both state and federal law enforcement focuses on the drug possession and sale of pills like Vicodin, OxyContin, Codeine, and performance-enhancing drugs such as steroids and human growth hormones.

If you are facing criminal charges for drug possession, it is important to have the skilled legal assistance of an experienced drug crimes lawyer. An experienced defense attorney will be able to determine if there are legal grounds to challenge the search made by the police. A skilled New York City defense attorney will scrutinize the police conduct for any mistakes and try to suppress any evidence that may lead to your conviction.

Different Types of Drug Crimes in New York

The New York Penal Code generally lists drug offenses under two headings: marijuana offenses or controlled substances offenses. The majority of controlled substance offenses are related to the possession, sale, and manufacturing of controlled substances.

Prosecutors can ask for the punishment of anyone who is convicted of possessing a controlled drug under the New York Penal Code section 220. This includes heroin, cocaine, MDMA, and prescription drugs.

You can face charges for a wide range of drug offenses. The following are some examples of criminal drug charges in the state of New York:

Drug possession
Selling controlled substances
Drug Trafficking
Narcotics charges
Marijuana charges

The possession of certain drugs can be considered a serious threat to society and has been made a felony crime by the legislatures. These drugs include heroin, ecstasy, and cocaine.

If you are facing drug charges, it is important to seek the help of a skilled criminal defense attorney. An experienced defense attorney may be able to help you understand your rights and help you protect your freedom. The top-rated criminal defense lawyers at Lebedin Kofman LLP have years of experience when it comes to drug-related charges.

Type of Drug Crime	Description	Penalty
Drug Possession	Found with illegal drugs	Fines, probation, or incarceration
Selling Controlled Substances	Distribution or sale of illegal drugs	Substantial fines, lengthy prison sentences
Drug Trafficking	Illegal transportation or sale across borders	Lengthy prison sentences, significant fines
Narcotics Charges	Offenses related to narcotics	Varies, includes fines and imprisonment
Marijuana Charges	Offenses related to marijuana	Fines, probation, or incarceration

Call us today at (646) 663-4430 to schedule a free consultation regarding your criminal charge.

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Our Process

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Penalties for Drug Possession Charges

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New York classifies crimes involving drugs based on the severity of each criminal offense, which takes into consideration, the type and class of controlled substance a person is in possession of, the intent of that person, and whether there was a sale of the controlled substance or drug, and the number of prior violations that person may have.

The penalties for criminal offenses involving drugs depend on their classification. If you are convicted of class A-I or A-II felonies, your maximum sentence could be up to life imprisonment. Manufacturing, selling, and distribution of illegal drugs are the most severe offenses. Other penalties include the following for drug possession convictions:

Violation: Unlawful possession of marijuana is the only drug possession charge that is considered a violation. For a first offense, the fine can be up to $100. The second offense within 3 years can be fined $200. And a third offense can result in $250 in fines or 15 days imprisonment.
Class B Misdemeanor: Up to three months imprisonment and up to a $500 fine. Criminal possession of marijuana in the fifth degree falls under this category.
Class A Misdemeanor: Up to 1-year imprisonment and up to $1,000 fine. Both criminal possession of marijuana in the fourth degree and criminal possession of controlled substances in the seventh degree are class A misdemeanors.
Class E felony: 4 years imprisonment and up to $5,000 fine. Criminal possession of marijuana in the 3rd degree falls under this category.
Class D felony: 7 years imprisonment and up to $5,000 fine. Both criminal possession of marijuana in the 2nd degree and criminal possession of a controlled substance in the 5th degree of controlled substances are class D felonies.
Class C felony: 15 years imprisonment and up to $15,000 fine. Both criminal possession of controlled substances 4th degrees and criminal possession of marijuana in the 1st degree are class C felonies.
Class B felony: 25 years imprisonment and up to $30,000 fine. Criminal possession of controlled substances in the 3rd degree falls under this category.
Class A-II felony: Life in prison with a maximum fine of up to $50,000. Criminal possession of controlled substances in the 2nd degree falls under this category.
Class A-I felony: Life in prison with a maximum fine of up to $100,000. Criminal possession of controlled substances in the 1st degree falls under this category.

Attorney Russ Kofman and his team of drug charges defense attorneys at Lebedin Kofman LLP understand how overwhelming it can be to face criminal offenses involving drugs. The impact of these charges on a defendant’s life can be immense. Don’t leave it up to chance. Call us today to schedule a free consultation regarding your drug charges.

Drug Treatment Court in New York

The Drug Treatment Court in New York is a program that offers an alternative to traditional sentencing. The Drug Treatment Court is available to anyone who has been arrested for drug criminal offenses involving drugs that are a B, C, D, or E felony. The judge will have several options including reducing criminal charges against the defendant if they are able to complete the Drug Treatment Court program successfully.

The defendant must agree to participate in a court-supervised program for substance abuse rehabilitation. Drug Court Intervention Programs are only open to non-violent offenders. However, it is usually difficult to get into Drug Court. To graduate from the Drug Court program, strict compliance must be met. Once in, the defendant will be monitored by both a judge and probation officer. This is an extremely difficult program, but those who complete it successfully are proud of what they have accomplished.

To be qualified for Drug Treatment Court programs, a criminal defense lawyer must show that the defendant is eligible and will be able to benefit from participation in drug court. Oftentimes, there will be a health professional evaluation. It will still be up to the judge to approve participation even if a defense attorney negotiates a chance for the client.

The rules for drug court participation are set out in a contract that is signed by the defendant, the criminal defense attorney, and district attorneys, as well as the court. In some cases, successful completion may result in the dismissal of the criminal charges involving drugs and a fresh start for the defendant. Refusing to follow the guidelines, which include periodic drug testing, could result in the defendant being removed from the program.

Speak to an experienced drug crimes defense attorney at Lebedin Kofman today regarding your criminal charges involving drugs.

For a free consultation, call (646) 663-4430.

Possible Defenses for Drug Possession in New York

A conviction for drug charges can result in serious consequences. An experienced defense attorney with knowledge of federal and state drug cases will fight for your release on bail, bond, or personal recognizance. They can also fight to suppress evidence and get the charges against you dropped. Each case is unique, but you can challenge any criminal charges involving drugs with a variety of defenses.

They could include:

The substance was not an illegal drug. You may be charged with drug possession if you possess a substance that looks like an illegal drug, but it isn’t. For example, legal prescription pills may resemble illegal pills. The chemical laboratory test will show if the drug you have been found with is banned.
You were in legal possession of the drug. You can legally possess certain drugs if your prescription is valid. A police officer might assume you are illegally possessing Vicodin and OxyContin, for example. You are the legal owner of the drug if you possess a prescription.
Insufficient quantity. You may face a lower possession charge depending on how much of the drug you can prove you have.
The absence of the “knowing” element. You must “knowingly” have the drug in order to be charged with drug offenses. However, if you prove otherwise, it could help you defend against the drug crimes charge.
Witness to or victim of a drug overdose or alcoholism. You cannot be arrested for drug possession if you are seeking healthcare to treat a medical condition such as a drug overdose.
Unlawful search and seizure. Fourth Amendment searches and seizures are common in drug possession cases. Illegal search and seizure are prohibited by the Fourth Amendment of the U.S. Constitution. The police may seize drugs if they can be seen and used them in drug possession cases. However, drugs cannot be taken unless lawful searches are conducted.

Certain drugs, like methamphetamines, ecstasy, and cocaine, are considered illegal. Some drugs are considered illegal if they’re not prescribed for the specific medical condition they address. Examples include amphetamines that are used to treat Attention Disorder (ADD), opioid painkillers, and antidepressants like Xanax.

At Lebedin Kofman LLP, criminal defense attorney Russ Kofman and his team of defense lawyers are skilled at handling drug charges. We understand the impact of a conviction for criminal drug charges on a person’s life. We will fight for your rights and your freedom.

Contact us at (646) 663-4430 today to speak with an experienced defense attorney.

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The Importance of a Drug Crime Attorney

Drug possession offenses can lead to severe penalties, which could include years behind bars without contact with family or friends. There are many options to fight drug crime charges. If you have been arrested for drug crimes, it’s important that you immediately consult an experienced attorney to defend your rights.

An experienced attorney may question the motivations of law enforcement to search the defendant when constructing a New York drug possession defense. The NYC defense attorney will ask about the methods used by the police to search the defendant, as well as whether or not the statements were taken legally.

A knowledgeable defense attorney can also help you build a strong defense strategy against drug possession charges in New York. A skilled New York attorney must also be able to learn the relevant cases which may set a precedent and the decisions by judges or the Court of Appeals throughout the State of New York. This information can help your attorney fight for you.

At Lebedin Kofman LLP, criminal defense attorney Russ Kofman and his team of drug crimes lawyers have dedicated their experience and skills to helping people fight for their rights. To schedule a free consultation with a defense lawyer, contact us today.

Seeking the help of an experienced Criminal Defense Lawyer at Lebedin Kofman LLP

Drug crimes can have very different legal consequences. A lawyer can help you build a solid defense, and protect your freedom and your rights. As experienced criminal lawyers, our team at Lebedin Kofman LLP will make sure that your criminal case is thoroughly investigated. We will pursue justice for you if there was a violation of your rights.

At Lebedin Kofman LLP, criminal defense lawyer Russ Kofman and our team of New York drug crime lawyers are skilled and can handle any drug charges, no matter if you’re a first offender or a repeat offender. Our New York attorneys do not classify cases according to difficulty or ease. We treat every case individually and spend a lot of time and effort preparing for your defense.

Schedule a free consultation regarding your drug charges with a top-rated New York City attorney today. Call us at (646) 663-4430.

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