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New York Cocaine Possession Frequently Asked Questions

If I am found with cocaine in my possession, what criminal charges will I face?

Cocaine is considered a controlled substance. Depending on the amount of cocaine involved, there are 6 possible possession crimes. If you are facing a cocaine possession charge, it is important that you are represented by a New York cocaine possession lawyer who will ensure that your legal rights are protected throughout the criminal process.

What are the different cocaine possession crimes?

There are 6 crimes in the New York criminal code related to possession of a controlled substance. Possession of a controlled substance in the 7th degree is the least serious charge, and is the only charge that is a misdemeanor. The prosecutor will charge you with 7th degree possession if you have less than 500 milligrams of cocaine. Felony possession of a controlled substance crimes include:

  • Criminal possession of a controlled substance in the fifth degree- At least 500 milligrams of cocaine.
  • Criminal possession of a controlled substance in the fourth degree. At least 1/8 of an ounce of cocaine.
  • Criminal possession of a controlled substance in the third degree. At least 1/2 of an ounce of cocaine.
  • Criminal possession of a controlled substance in the second degree. If you have at least 4 ounces of cocaine.
  • Criminal possession of a controlled substance in the first degree. If you have at least 8 ounces of cocaine.
What is the difference between misdemeanor and felony cocaine possession charges?

In New York crimes are classified as misdemeanors or felonies. If a crime is a felony, it will carry a possible sentence of more than a year in prison, while misdemeanor sentences carry maximum sentences of up to a year in jail. If you are convicted of possessing only a small amount of cocaine, you may avoid incarceration.

If I am convicted of cocaine possession will I go to prison?

As a New York cocaine possession lawyer will explain, if you are convicted of possession of a controlled substance, your sentence will depend on a variety of factors, including the amount of cocaine involved and your criminal history. The more cocaine involved, the more likely that your sentence will include prison. For example, if you are found in possession of a small amount of less than 500 mg of cocaine, you will face the misdemeanor charge of possession of a controlled substance in the seventh degree. The maximum sentence is up to 1 year in prison. For criminal possession of a controlled substance in the fifth degree, a class D felony, you will face up to 72.5 years in prison. For criminal possession of a controlled substance in the fourth degree, a class C felony, the possible prison time is up to 15 years in prison, while for third degree criminal possession, a class B felony, you may be required to serve up to 25 years in prison. The most serious cocaine possession crimes are first and second degree criminal possession. They are both class A felonies that carry sentences of up to life in prison.

Because the possible sentences are so stiff, in order to ensure the best possible outcome for your case, it is critical that your cocaine possession attorney has significant experience representing clients in New York criminal courts.

Still have questions? Contact the Law Offices of Stephen Bilkis & Associates for help

If you are under investigation for possession of a controlled substance, you should immediately seek legal guidance from experienced legal representation. A criminal conviction will impact the rest of your life. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with drug crimes. Contact a cocaine possession attorney serving New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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