Long Island Drug Crimes Defense Lawyer.

Whether a person is charged with possession for personal use or possession for distribution, the state of New York does not treat possession of drugs lightly.

What are Possession Crimes in New York?

Under New York state law, a charge of possession may become more severe as the amount of the drugs possessed increases. With each increase comes a correspondingly more severe potential sentence, so it is important to go to suffolk county criminal lawyer and understand what each tier means so that you or your loved one will have a better understanding of the potential consequences of a finding of guilt.

Unlawful Possession of Marijuana

Unique to marijuana, the possession of less than two ounces of marijuana in a non-public place is a penalty carrying a fine of up to $100 for a first offense, $200 for a second offense within the last three years, and $250 for a third offense. A third offense can also carry the potential penalty of 15 days in jail.

Seventh Degree Criminal Possession of a Controlled Substance

Unique to marijuana, the possession of less than two ounces of marijuana in a non-public place is a penalty carrying a fine of up to $100 for a first offense, $200 for a second offense within the last three years, and $250 for a third offense. A third offense can also carry the potential penalty of 15 days in jail.

Sixth Degree Criminal Possession of a Controlled Substance

There is no criminal possession in the Sixth Degree in the state of New York at this time, which may be confusing to someone charged with a possession crime. New York statutes entirely omit Sixth Degree Criminal Possession, but it leaves the option for the legislature to one day use Sixth Degree Criminal Possession for certain amounts of particular drugs.

Fifth Degree Criminal Possession of a Controlled Substance

Criminal Possession of a Controlled Substance in the Fifth Degree is a class D felony that could carry a year to two and a half years in prison for a first offense, four years for second offenders and four and a half years for prior violent offenders. A person may be charged with Fifth Degree Criminal Possession for possessing any number of drugs, including at least 500 mg of cocaine or crack cocaine, less than 2 ounces of marijuana in a public place, 50 mg of PCP or more, and 1,000 mg of ketamine.

Fourth Degree Criminal Possession of a Controlled Substance

Fourth Degree Criminal Possession is a class C felony, that may be punished with up to five and a half years in prison for first offenders. Second offenders may be penalized with up to 12 years in prison, while those with a previous violent offense on their record could face up to 15 years. A person may be charged with Criminal Possession he shou take help of suffolk county criminal lawyer Controlled Substance in the Fourth Degree for possessing certain amounts of a number of drugs, including at least 1/8 of an ounce of cocaine or crack cocaine, at least half an ounce of methamphetamine, 25 mg or more of ecstasy, one-eighth of an ounce of heroin or more, two ounces or more of marijuana, 360 mg of methadone, 50 mg or more of PCP wit the intent to sell, and 4,000 mg or more of ketamine.