New York Drug Crimes Sentencing

In New York one of the most common types of crimes for which people are arrested, prosecuted and sentenced are drug crimes. These drug-related charges encompass various aspects, including drug possession, distribution, manufacturing, paraphernalia, and drug-involved sex crimes. Additionally, a wide range of drugs is involved, from club drugs and prescription medications to narcotics, depressants, stimulants, and hallucinogens.

Under New York law, drug offenses are categorized as misdemeanors or felonies, leading to sentences that range from short jail sentences to potential life imprisonment, along with the possibility of probation and fines. While some drug crimes are not classified as felonies, the majority of such offenses fall into this category, carrying sentences that may span several years behind bars. Given the substantial ramifications of a drug conviction, it is imperative to promptly seek the counsel of an experienced New York drug crimes lawyer if you find yourself arrested and charged with a drug crime involving substances such as cocaine, heroin, OxyContin, methamphetamine, or any other controlled substance.

Under New York law there are 30 offenses related to controlled substances offenses. Most controlled substance offenses relate to the possession, sale, and manufacture of controlled substances. A conviction on most drug charges leads to a sentence of from up to a year in jail to life in prison, plus fines of up to $100,000. When facing such serious consequences, it's crucial to seek the counsel of an experienced New York drug crimes lawyer who can provide you with expert guidance and a strong defense.

The sentence for a drug crime conviction varies based on the classification of the drug crime, with the maximum sentence being up to life in prison for class A-I or class A-II felonies. The most important factors used to determine the classification of a drug crime and the penalty are the amount of the drug, the type of offense, and your prior felony convictions. The most serious drug crimes involve manufacturing, selling and distributing. The penalties for drug convictions include:

• Class A misdemeanor. The maximum possible sentence is 1 year in jail and a fine of up to $1,000. The following drug offenses are class A misdemeanors: criminal possession of a controlled substance in the seventh degree, criminally using drug paraphernalia in the second degree, criminal possession of methamphetamine manufacturing material in the second degree, and criminally possessing a hypodermic instrument.
• Class E felony. The maximum possible sentence is 4 years in prison and a fine of up to $5,000. The following drug offenses are class E felonies: Criminal possession of precursors of controlled substances, criminal possession of methamphetamine manufacturing material in the first degree, criminal possession of precursors of methamphetamine, unlawful disposal of methamphetamine laboratory material, use of a child to commit a controlled substance offense, and criminal injection of a narcotic drug.
• Class D felony. The maximum possible sentence is 7 years in prison and a fine of up to $5,000. The following drug offenses are class D felonies: criminal possession of a controlled substance in the fifth degree, criminal sale of a controlled substance in the fifth degree, criminally using drug paraphernalia in the first degree, and unlawful manufacture of methamphetamine in the third degree.
• Class C felony. The maximum possible sentence is 15 years in prison and a fine of up to $15,000. The following drug offenses are class C felonies: criminal possession of a controlled substance in the fourth degree, criminal sale of a controlled substance in the fourth degree, unlawful manufacture of methamphetamine in the second degree, and criminal sale of a prescription for a controlled substance.
• Class B felony. The maximum possible sentence is 25 years in prison and a fine of up to $30,000. The following drug offenses are class B felonies: criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds, and unlawful manufacture of methamphetamine in the first degree.
• Class A-II felony. The maximum possible sentence is life in prison and a fine of up to $50,000. The following drug offenses are class A-II felonies: criminal possession of a controlled substance in the second degree and criminal sale of a controlled substance in the second degree.
• Class A-I felony. The maximum possible sentence is life in prison and a fine of up to $100,000. The following drug offenses are class A-I felonies: criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, and operating as a major trafficker.

Because of the harsh sentences involved for drug crimes convictions, it’s critical to have an experienced drug crimes attorney in New York on your team who can help ensure that your legal rights are protected.

Drug cases can involve several complicated issues that could factor into the charge you face, whether or not you are prosecuted, whether or not you are convicted and if convicted, the sentence you face. If you have been arrested and charged with a drug crime in New York or if you face imminent arrest, immediately contact an experienced drug crimes attorney serving New York. 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: Manhattan, Brooklyn, Queens, Bronx, Staten Island, Westchester County, Nassau County, Suffolk County, and Long Island.