New York Liquid Ecstasy
Liquid ecstasy is the street name for the drug gamma hydroxybutyric acid (GHB), a depressant. Classified as a Schedule I controlled substance, GHB has been banned in the United States since the 1990s except for the limited purpose of treating narcolepsy. However, it is a popular " club drug," as it is frequently used by young adults and teens at raves, nightclubs, bars and house parties. It is often available in the form of a colorless, odorless liquid. It is also available in the form of a pill or powder. If you have been charged with a drug crime related to liquid ecstasy you should immediately contact an experienced New York drug crimes lawyer who understands laws related to drug crimes and who will aggressively defend you against the charges. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.Types of liquid ecstasy drug crimes
The effect of liquid ecstasy varies from person to person, but it generally causes a euphoric high. But it also tends to have a sedating effect, causing general drowsiness, sleep, coma and even death. Because of its sedating effects, it is also used as a "date rape " drug. It can be put into the food or drink of someone else without that person knowing it, leading that person to become drowsy and dizzy. Once in this semi-conscious state, it is easy to sexually assault that person. Because GHB is so dangerous both when intentionally taken and as a date rape drug, law enforcement has made it a priority to prosecute those involved in its use. As a controlled substance, if you possess it or distribute it, you could face serious felony charges with penalties of several years in prison.
Liquid ecstasy crimes generally fall into 2 main categories: possession of liquid ecstasy and sale or distribution of liquid ecstasy. Since liquid ecstasy is a controlled substance, New York's controlled substances laws apply to the possession and sale of liquid ecstasy as well as to other crimes that are related to liquid ecstasy.
Liquid ecstasy possession crimes In New York it is against the law to possess any amount of liquid ecstasy. This means that if you have even a very small amount of liquid ecstasy for your own personal use, you can be charged with criminal possession of a controlled substance in the seventh degree . This is the only liquid ecstasy possession charge that is not a felony. It is a class A misdemeanor. The potential sentence is up to 1 year in jail. N.Y. Pen. Law § 220.03
If you are in possession of at least 28 grams of liquid ecstasy you will not be charged with a misdemeanor, but with a felony. Criminal possession of a controlled substance in the fifth degree is the least severe felony liquid ecstasy possession charge you could face. It is a class D felony that carries a maximum sentence of up to 7 years in prison. N.Y. Pen. Law § 220.06. The more liquid ecstasy you have, the more serious the felony charge you will face. Another felony charge that you can face for possessing liquid ecstasy is criminal possession of a controlled substance in the fourth degree. In order to be charged with fourth degree liquid ecstasy possession you must possess at least 200 grams. It is a class C felony that carries a maximum sentence of up to 25 years in prison. N.Y. Pen. Law § 220.09Sale of liquid ecstasy offenses
Drug selling, referred to as drug dealing, is considered more serious than drug possession. Selling liquid ecstasy does not only refer to exchanging liquid ecstasy. Under the controlled substances statute, "sell" means dispose of or to exchange. Consideration is not necessary as selling also means giving to another person without receiving anything in exchange. It is also not necessary for the sale to be completed. It is enough to simply offer or agree to sell. Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling liquid ecstasy or any other controlled substance. N.Y. Pen. Law § 220.31. The possible sentence is up to 7 years in prison.
If you knowingly sell at least 28 grams of liquid ecstasy, the charge will be criminal sale of a controlled substance in the fourth degree, a class C felony. N.Y. Pen. Law § 220.34. If convicted, the maximum sentence is up to 15 years in prison. You will also face a fourth degree sale charge if you sell any amount of ecstasy at or in the vicinity of a school, children's day care facility, other educational facility or on or near a school bus.
Possession with intent to distribute liquid ecstasy or any other controlled substance can be presumed from the amount of the controlled substance that you possess or from the act of actually selling it. If you have an amount of liquid ecstasy that the police determines is too much for personal use, then you not only will you face a liquid ecstasy selling charge, you will also face the charge of criminal possession of a controlled substance in the fifth degree which involves possessing liquid ecstasy, LSD, heroin, cocaine or another controlled substance with the intent to sell it.Sentencing
Liquid ecstasy drug crimes range from a class A misdemeanor to a class C felony. Penalties may include probation, jail, prison, fines, or a combination. The sentence that you receive will be based on several factors including whether the crime is a misdemeanor or a felony, and the classification of the felony. First offenders will receive lighter sentences than those with one or more prior felony convictions.
If you are addicted to drugs or alcohol and have been charged with a B, C, D, or E felony, following your arraignment you can ask the court to consider you for an alternative sentencing program called Drug Treatment Court. You will have to go through an alcohol and substance abuse evaluation and a hearing where the judge will hear evidence as to whether or not you are eligible for the program. If you are given the option to enter the program and successfully complete it, then the judge will resolve your criminal case in a manner that is more favorable than if you had not successfully completed the Drug Treatment Court program.Contact the Law Offices of Stephen Bilkis & Associates
If you are convicted of possessing liquid ecstasy, selling liquid ecstasy, or any other liquid ecstasy crime in New York, you could be sent to prison for many years. Penalties for liquid ecstasy crimes or other controlled substance crimes tend to be heavy, involving both prison time and considerable fines. You will also end up with a criminal record that includes a felony drug conviction. Because of these potential consequences of a conviction, if you have been charged with a liquid ecstasy drug crime, you should immediately contact an attorney who has experience defending those accused of crimes related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of liquid ecstasy possession, liquid ecstasy distribution, drug paraphernalia, drug manufacturing, and other drug offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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.