Crack Possession in New York

Crack is a form of the narcotic cocaine. Cocaine is traditionally available in a powder form. When powdered cocaine is cooked with baking soda it is transformed to a form that is called crack. While powder cocaine is inhaled or snorted, crack is smoked with a pipe. Crack is less expensive to make and buy than powder cocaine. The effects of crack occur a lot quicker compared to powdered cocaine. Both forms of cocaine are highly addictive. Because it is so often abused and because it is highly addictive cocaine is classified as a Schedule II controlled substance. While cocaine has been a problem for many, many decades, crack started to proliferate society in the 1980s, and has been a serious problem ever since. If you are convicted of crack possession you may face a sentence that could put you behind bars for many years. In addition, crack possession is also a federal crime, meaning that you could face a federal charge which may carry a stiffer sentence. If you’re facing a crack possession charge, contact an experienced New York crack possession lawyer who understands both New York and federal the laws related to crimes concerning crack and cocaine and who will aggressively defend you against these charges.

Crack cocaine and powder cocaine are two distinct forms of the same drug. Powder cocaine, often referred to as simply "cocaine," is a fine white powder derived from the coca plant. It is typically ingested through snorting, and its effects include heightened energy, alertness, and a sense of euphoria. In contrast, crack cocaine, commonly known as "crack," is derived from powder cocaine by mixing it with water and baking soda. The resulting substance is crystallized into small rocks or "crack" pieces. Crack is typically smoked, providing a rapid and intense high. This form of cocaine is more affordable.

Under the New York Penal Code crack possession falls under offenses related to criminal possession of a controlled substance. Specifically, crack possession falls under portions of the statute related to cocaine possession and narcotic possession. Crack possession charges range from a misdemeanor to a class A-I felony. The more crack you have in your possession, the more serious the charge you will face. Violation of the most serious crack possession law could land you in prison for the rest of your life.

• Criminal possession of a controlled substance in the seventh degree. This is the minimum charge you will face under New York law for crack possession. If you have a small amount of crack, less than 500 milligrams, you will face this charge. It is a class A misdemeanor. The penalty is up to one year in jail and a fine of up to $1,000. N.Y. Pen. Law § 220.03.
• Criminal possession of a controlled substance in the fifth degree. If you have at least 500 milligrams of crack you will face this charge. It is a class D felony. The penalty is up to 7 years in prison and a fine of up to $5,000. N.Y. Pen. Law § 220.06
• Criminal possession of a controlled substance in the fourth degree. If you have at least 1/8 of an ounce of crack you will face this charge. It is a class C felony. The penalty is up to 15 years in prison and a fine of up to $15,000. N.Y. Pen. Law § 220.09
• Criminal possession of a controlled substance in the third degree. If you have at least 1/2 of an ounce of crack you will face this charge. It is a class B felony. The penalty is up to 25 years in prison and a fine of up to $30,000. N.Y. Pen. Law § 220.16
• Criminal possession of a controlled substance in the second degree. If you have at least 4 ounces of crack you will face this charge. It is a class A-II felony. The penalty is up to life in prison and a fine of up to $50,000. N.Y. Pen. Law § 220.18
• Criminal possession of a controlled substance in the first degree. If you have at least 8 ounces of crack you will face this charge. It is a class A-I felony. The penalty is up to life in prison and a fine of up to $100,000. N.Y. Pen. Law § 220.21

Under federal law, the charge for crack possession is called simple possession (21 U.S.C. § 844). Unlike New York's crack possession charges, there are no different degrees under the simple possession charge based on the amount of crack you possess. Instead, your sentence depends on your criminal history. For a first simple possession conviction, you could face up to 1 year in jail and a fine of at least $1,000. For a second conviction, you might face 15 days to 2 years in prison and a fine of at least $2,500. For a third conviction, the penalty could include 90 days to 3 years in prison and a fine of at least $5,000. It's important to note that drug laws and penalties can change, and the consequences for crack possession may vary depending on federal or state jurisdiction. If you are facing charges related to crack cocaine possession, it is essential to seek legal counsel from an experienced crack possession attorney in New York.

If you're facing a crack possession charge, it's important to understand that even if it's categorized as a misdemeanor, the consequences can be significant. Therefore, it's highly advisable to seek legal representation from an experienced crack possession attorney serving New York who has a deep understanding of defense strategies tailored to crack possession charges. Stephen Bilkis & Associates has a team with years of experience in successfully defending clients against drug-related charges. Whether it's crack possession, cocaine possession, drug sales, or other drug crimes, we can help. Contact us at 800.696.9529 to arrange a free, no-obligation consultation. We provide legal assistance to those accused of drug crimes in the following locations: Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester County.