A Queens Drug crime Lawyer discusses Drug Crime Punishment

In New York State, conviction of a drug crime means strict penalties including prison time, fines and loss of employment. In Queens, NY, the office of the Queens District Attorney aggresviley enforces the drug laws Therefore, regardless of the length of imprisonment or severity of the criminal charge, a Drug Crime Conviction can have a tremendous impact on the accused individual's life.

The most severe penalties involve drugs listed in Schedule I and the least severe penalties involve Schedule V drugs. Schedule I drugs have a high potential for abuse and have no accepted medical use (heroin, LSD and marijuana). Schedule II drugs have a high potential for abuse and severe dependence, but have an accepted medical use (PCP, cocaine, methadone and methamphetamine). Schedule III drugs have a potential for moderate dependency and an accepted medical use (anabolic steroids and codeine). Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency and are accepted in medical treatment (Vicodin, Oxycotton and Xanax). Schedule V drugs have a low potential for abuse, limited risk for dependency and have an accepted medical use (cough medicines with codeine).

Simple possession is charged when an individual knowingly and intentionally possesses a scheduled drug without a valid prescription. It must be proven that the accused individual knew the drug was a controlled substance and that he or she had physical possession of the substance. In this situation, sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender and a maximum of three years in prison for a third or higher offender.

Enterprise Corruption may be charged when a person is accused of having committed a drug crime as part of a continuing enterprise or scheme in which other individuals are involved. In order for a person to be convicted of Enterprise Corruption that individual must be employed by or associated with a criminal enterprise and acting with the intent to participate in or advance the affairs of that criminal enterprise, he or she must intentionally conduct or participate in the affairs of that criminal enterprise.

In Queens, there is a special Part called Drug Treatment Part. This recognizes that some people who violate the Drug Laws are not in need of standard punishment from the Criminal Justice System but rather a drug treament plan that involves education, drug testing and counseling. This is a special Part most often available to first time offenders so, speak to your Drug Crimes Lawyer to see if you are eligible. You may possibly avoid a conviction or jail sentence.

If you have been charged with a drug-related offense, you will need the assistance of an experienced Queens Criminal Defense Lawyer specializing in fighting drug crimes.

Stephen Bilkis & Associates are highly experienced New York Drug Crime Attorneys. If you have been charged with a drug related offense and are in need of an experienced Drug Crime Lawyer, call us a 1 800 NY NY LAW for a free consultation. We have locations throughout NYC and Long Island.