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New York Crack Possession Frequently Asked Questions

Is it against the law to have just a little bit of crack?

Crack, a form of cocaine, is classified as a controlled substance, and as such it is against the law to have it. It is a crime to have even a small amount of crack. Under N.Y. Pen. Law § 220.03 you will face a charge of possession of a controlled substance in the seventh degree if you have less than 500 milligrams of cocaine. This crime is a misdemeanor. Even though it is a misdemeanor and your sentence may not involve incarceration, if convicted you will still have a criminal record with a drug crime conviction. If you are facing a crack possession charge, even a misdemeanor, it is important that you are represented by a New York crack possession lawyer who is familiar with the New York criminal court system and who will ensure that your legal rights are protected.

What are the other crack possession crimes?

In addition to the misdemeanor controlled possession charge, there are 5 felony, drug possession charges. The specific charge you will face will depend on the amount of crack you have. Felony crack possession charges include:

  • Criminal possession of a controlled substance in the fifth degree. Possession of at least 500 milligrams of crack. A class D felony.
  • Criminal possession of a controlled substance in the fourth degree. Possession of at least 1/8 of an ounce of crack. A class C felony.
  • Criminal possession of a controlled substance in the third degree. Possession of at least 1/2 of an ounce of crack. A class B felony.
  • Criminal possession of a controlled substance in the second degree. Possession of at least 4 ounces of crack. A class A-II felony.
  • Criminal possession of a controlled substance in the first degree. Possession of at least 8 ounces of crack. A class A-I felony.
If I am convicted of crack possession will I go to prison?

Because there are so many factors that go into sentencing, it is important to make sure that you have an experienced New York crack possession lawyer by you side to ensure that your rights are protected throughout your entire cases, including during sentencing. Sentencing for a conviction related to crack possession will depend on a variety of factors including:

  • The specific charge of which you are convicted
  • How much crack you are accused of having, including whether the amount was large enough to suggest an intent to distribute
  • Whether a minor was involved in the activity that led to your arrest
  • Whether anyone was injured
  • Whether this is your first offense

If you are convicted of misdemeanor possession of a controlled substance, you may not go to jail. However, for a felony conviction, you are more likely to go to prison. The more crack involved, the greater the likelihood that your sentence will include a significant amount of time in prison. In fact, as a crack possession attorney in New York can explain, for possession of a controlled substance in the first degree, you could face a life sentence.

In drug cases judges do have some discretion in sentencing. In addition to taking into consideration both aggravating and mitigating factors in determining sentencing, the judge may also consider alternatives to incarceration such as requiring the defendant to go into the a drug treatment program instead of prison.

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

If you or someone you love is under investigation for possession of crack, it is important you immediately contact experienced crack possession attorney serving New York. A criminal conviction will negatively impact your future. 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 us 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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