New York LSD Frequently Asked Questions
Lysergic acid diethylamide, commonly known as LSD or acid, is a synthetic psychedelic drug and a Schedule I controlled substance. It is a crime to knowingly possess, sell or manufacture LSD. If you are arrested because the police discovered LSD on or near you, at your arraignment you will likely be charged with a criminal possession of a controlled substance offenses or criminal sale of a controlled substance offense. The prosecutor will make a decision about the specific charge based on the amount of LSD involved as well as other evidence found when you were arrested. Regardless of whether you end up being charged with criminal possession or criminal sale, an LSD charge is serious, and a conviction will have a negative impact on your future. If you are facing a charge related to LSD, it is important that you have an experienced New York LSD lawyer on your side at your arraignment and throughout your entire case to ensure that your legal rights are protected.If I am charged with possession, will it be a misdemeanor or felony?
If you are charged with a possession of LSD crime, whether you are charged with a felony or misdemeanor will be based on the amount of LSD involved. There is only one criminal possession of a controlled substance crime that is a misdemeanor: criminal possession of a controlled substance in the seventh degree. You will be changed with this crime if you have less than 1 milligram of LSD. It is a class A misdemeanor. If you have at least 1 milligram of LSD, you will face the felony charge of criminal possession of a controlled substance in the fourth degree. It is a class C felony. It will be bumped up to the class B felony of criminal possession of a controlled substance in the third degree if you have at least 5 milligrams of LSD. The most serious LSD possession charge is criminal possession of a controlled substance in the second degree. It is a class A-II felony that involves possessing at least 25 milligrams of LSD.If I am charged with selling LSD, will the charge be a misdemeanor or felony?
Crimes related to selling drugs tend to be more serious than possession crimes. Oftentimes those arrested for selling LSD are observed by law enforcement actually exchanging LSD for money. However, to face an LSD selling charge, it is not necessary that the police or other witnesses see you exchange LSD for money. Law enforcement may infer that you are in the business of selling LSD if the amount is likely more than is needed for personal consumption. Selling can also mean exchanging the controlled substance for something other than money, disposing of it to another person, or even giving it away. You can even face an LSD selling charge if you offer to sell or make an agreement to sell LSD, without actually completing the transaction.
Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling LSD. If you sell at least 1 milligram of LSD, the charge will be raised to criminal sale of a controlled substance in the third degree. It is a class B felony. If you sell at least 5 milligrams of LSD you will be charged with criminal sale of a controlled substance in the second degree, a class A-II felony. In addition, if you sell LSD or any other controlled substance at or near a school, or a school bus, or at or near a child care facility, you will also be charged with the class B felony of criminal sale of a controlled substance in or near school grounds.If I am convicted of an LSD crime, will my sentence include prison?
As an LSD attorney in New York will explain, the judge in your case will determine your sentence based on several different factors. Because most offenses related to LSD are felonies, there is a chance that you will have to spend some time in prison if you are convicted. For a misdemeanor conviction, the possible sentence is up to 1 year in jail. For a class D felony, the possible sentence includes up to 7 years in prison. If you are convicted of a class C felony, you could go to prison for up to 15 years, while for a class B felony, you may be sent to prison for up to 25 years. If you are convicted of a class A-II or class A-I, you may end up in prison for the rest of your life.
The sentence for an LSD conviction may also include probation and will include a significant fine. With the help of a skillful New York LSD lawyer, you may be able to avoid prison and instead go to a treatment program. Alternative sentencing through Drug Treatment Court may be available if you have a substance abuse problem, you do not have a history of violence, if your charge is less than a class A felony, and if it is determined that you may benefit from treatment.Contact the Law Offices of Stephen Bilkis & Associates
If you are charged with a crime related to LSD, you should take it seriously. While you may be eligible for alternative sentence, there is also a possibility that if you are convicted you will have to spend years in prison and pay a significant fine. You will have a criminal record that will make it difficult for you to find a job and place to live. If you are facing LSD possession or selling charges, it is critical that you have experienced representation. The LSD attorneys serving New York 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, including prescription drug abuse. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.