Westchester County Drug Possession Lawyer

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Westchester County Drug Possession Attorney

Dealing with drug crimes of any kind can be intense and may have severe repercussions for the rest of your life. Even an accusation of a drug crime can be enough to cause irreparable damage to your social life, your employment opportunities, and even your personal relationships. New York takes drug possession very seriously, and you could be facing harsh penalties, including a jail sentence. A Westchester County drug possession lawyer can help you figure out your options to fight the charges against you.

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Consequences of Drug Possession Charges in New York

If you are ever arrested for drug possession in New York, your very first move should be to contact an experienced Westchester County drug crime lawyer. Drug crimes can be dealt with harshly in New York, and it is important that you take the proper steps to protect yourself in the event that you are charged with possession. When you are arrested, you don’t have to say anything to the police. You can simply request your lawyer and exercise your legal right to remain silent.

In New York, drug possession charges can refer to the possession of any amount of illegal drugs that have been labeled “controlled substances.” New York separated drug possession charges into seven distinct categories or degrees. Each degree carries its own specific penalties for offenders who are caught with a certain amount of illegal drugs.

Here are the various degrees of drug possession you could be charged with by a New York court:

  • 7th Degree: If you are caught possessing an unspecified controlled substance, you can be charged with criminal possession in the seventh degree. This charge could become a conviction of a Class A misdemeanor. You could end up spending a year in prison and paying a fine of up to $1,000. If it is your first offense, you may be allowed a conditional discharge, but there are no guarantees.
  • New York does not have a 6th-degree crime.
  • 5th Degree: You can be charged with criminal possession in the 5th degree if you are caught possessing a controlled substance with intent to sell, 50 milligrams of PCP, a quarter ounce of concentrated cannabis preparation, 500 milligrams of cocaine, 1,000 milligrams of ketamine, or any amount of ketamine with a past conviction. This could be penalized as a Class D felony with a sentence of up to 2.5 years in prison and a fine of up to $5,000.
  • 4th Degree: You may be charged with criminal possession in the 4th degree if you are caught with one gram of stimulants, 25 milligrams of hallucinogens, 250 milligrams of PCP, 360 milligrams of methadone, 4,000 milligrams of ketamine, or 50 milligrams of PCP with intent to sell and a prior drug crime conviction. This is a Class C felony with a penalty of up to 5.5 years in prison and a fine of up to $15,000.
  • 3rd Degree: You can be charged with criminal possession in the 3rd degree if you are caught with a narcotic with intent to sell, hallucinogens or stimulants with intent to sell, five milligrams of LSD, or 125 milligrams of hallucinogens for personal use. This could be a Class B felony with a penalty of up to nine years in prison and a fine of up to $30,000.
  • 2nd Degree: You can be charged with criminal possession in the 2nd degree if you are caught with four-ounce preparations containing a narcotic, two-ounce preparations containing methamphetamine, 25 milligrams of LSD, 625 milligrams of a hallucinogen, or 2,880 grams of methadone. This could be a Class A-II felony with a penalty of up to 10 years in prison and a fine of up to $50,000.
  • 1st Degree: You can be charged with criminal possession in the 1st degree if you are caught with eight-ounce preparations containing a narcotic or 5,760 ounces of methadone. This is the most serious drug possession charge: A Class A-I felony with a penalty of up to 20 years in prison and a fine of up to $100,000.

Westchester County Drug Possession FAQs

Q: How Long Do You Go to Jail for Selling Drugs in Westchester County?

A: The amount of time you could spend in jail for selling drugs in Westchester County depends largely on the type of drugs you were caught selling and how much of that drug was in your possession. The penalty for selling drugs in New York can range up to 20 years in prison for certain substances.

Q: What Is the Sentence for Drug Trafficking in Westchester County?

A: The general sentence for drug traffickers in Westchester County is a minimum of 15 years in prison with a potential maximum of life in prison for major drug traffickers. Trafficking is considered one of the most serious drug offenses you could be charged with. The state takes these crimes very seriously and won’t hesitate to seek the maximum possible penalty.

Q: How Do You Get a Drug Possession Charge Dropped in Westchester County?

A: There are multiple ways you could try to have your drug possession charge dropped in Westchester County. One possible method is to challenge the amount of drugs that were found on you at the time of your arrest. If there is an inaccuracy in the amount of drugs you actually had versus the amount of drugs that were recorded, that could be the difference between a misdemeanor and a felony. It could even lead to the charges being dropped.

Q: How Do You Beat a Drug Possession Charge in Westchester County?

A: There are multiple ways you can try to beat a drug possession charge in Westchester County. One potential method is to have your lawyer ask for a motion to suppress. When you were arrested, and the drugs were seized, it is possible the police violated your constitutional rights. If you can prove your rights were violated, any evidence obtained at the time could possibly be suppressed, including the drugs.

Reach Out to a Lawyer Today

Facing drug possession charges alone can be a terrifying ordeal. You may feel like you have already lost. That’s simply not the case. An experienced drug possession lawyer can help you develop a strong defense strategy and fight the charges against you. The team at Greco Neyland, PC can provide you with options for your case. Contact us to schedule a consultation today.

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