Long Island Drug Possession Attorney
Skilled Drug Possession Lawyers in Long Island, NY
Despite the evolution in the stance on the “war on drugs” and the legalization of marijuana in many states around the country, New York state’s laws, law enforcement, and prosecutors still take drug possession very seriously.
A criminal drug possession conviction on Long Island, and sometimes even a drug possession charge, can haunt you for the rest of your life. Not only can it result in severe penalties, including fines and jail time, but a criminal record can affect your ability to get a job, housing, professional certifications, and even custody of your children. Don’t leave this to chance.
If you have been charged with drug possession on Long Island, you should get skilled legal representation as soon as possible. Edward Palermo is an experienced Long Island drug possession attorney with over 29 years of experience helping those facing serious criminal drug charges or other crimes.
At Edward Palermo Criminal Defense, you will get the legal protection you need to ensure the best possible outcome when your future is at risk. Crimes such as drug trafficking and drug possession can have a devastating impact on your life, especially if you are convicted.
Drug Crime Attorney Explains Drug Possession Charges in New York
All states have laws that regulate the possession of controlled substances, which will differ from state to state. In New York, we have some of the strictest drug laws in the nation.
Drug possession in New York can be physical possession of a drug or constructive possession, meaning that an individual can be charged with possession if they have control over the person or place where drugs were found. Anyone found in possession of even a small amount of an illegal drug can be arrested and charged with drug possession. New York law classifies not only the drugs themselves but also any compounds used in manufacturing them.
Possession charges range from possession of a controlled substance to trafficking, with penalties depending on the type of controlled substance, the amount in someone’s possession, the intent, and other factors. Depending on the type and amount of the drug, being convicted of drug possession can result in charges ranging from misdemeanors to felonies. The only exception is the unlawful possession of marijuana charge which will result in a violation.
The crime of drug possession is one of the most common yet serious crimes in New York, affecting people from all walks of life. Even possession of a small amount of a controlled substance can lead to charges that can change the trajectory of your life and result in a range of criminal penalties, including fines, prison time, and a criminal record. The more serious the schedule of drugs and the greater the amount in possession, the more significant the charges and penalties will be.
All drug charges are serious and require an experienced understanding of the law. Long Island drug possession attorney Edward Palermo and the staff at Edward Palermo Criminal Defense law firm handle all levels of drug possession charges and drug crimes. Our team has committed their careers to aggressively representing those who are facing these serious charges of drug crimes.
If you or a loved one is facing charges of drug crimes, it is important to seek the legal representation of an experienced lawyer for criminal offenses right away. Contact Edward Palermo Criminal Attorney today to speak with a skilled New York lawyer regarding your Long Island case.
In New York, drugs fall into one of two designations. One is controlled substances, and the other is marijuana. While possession can also include marijuana possession, marijuana-related offenses are separate and distinct from other controlled substance possession in New York, with penalties for marijuana possession generally far less severe than those for possession of controlled substances.
Controlled substances carry more significant charges. The class and degree of the crime will be determined by the drug’s type, the amount in possession, the intention of the individual possessing it, the criminal history of that individual, and other factors. Consequently, possession charges can range from first-degree offenses, the most serious, to seventh-degree crimes, the least serious. Criminal possession of a controlled substance in the first degree is considered a Class A-1 felony, whereas criminal possession of a controlled substance in the seventh degree is considered a Class A misdemeanor.
If you are facing charges of drug possession in Long Island, it is critical to get the representation of an experienced Long Island drug possession attorney as soon as possible. Because drug charges will vary due to many factors, you want skilled experience in your corner. Defense lawyer Edward Palermo and the team at Edward Palermo Criminal Defense get to work immediately to understand your charges and the evidence against you so we can begin to strategize the best possible legal defense.
New York law has defined a controlled substance as any substance listed in Schedule I through V of N.Y. Public Health Law § 3306.
The state of New York has divided controlled substances into five schedules that list drugs according to their danger. Drugs with the greatest probability of addiction and abuse are designated as Schedule 1 substances, with other substances designated according to their perceived danger. While controlled substances will include obvious substances like cocaine, heroin, and crystal methamphetamine, it also includes any unlawfully obtained prescription narcotics.
In New York, it is unlawful to possess a controlled substance without a medical prescription. Charges and penalties will vary according to the type of drug and the amount that is found, and any other offenses associated with it.
If you are found in possession of an illegal drug, you may be convicted and sentenced to:
- A Class B misdemeanor with a possible sentence of 3 months in jail and fines of up to $500
- A Class A misdemeanor with a possible sentence of up to 1 year in jail and fines of up to $1,000
- A Class E felony with a possible sentence of up to 4 years in prison and fines of up to $5,000
- A Class D felony with a possible sentence of up to 7 years in prison and fines of up to $5,000
- A Class C felony with a possible sentence of up to 15 years in prison and fines of up to $15,000
- A Class B felony with a possible sentence of up to 25 years in prison and fines of up to $30,000
- A Class A-II felony with a possible sentence of life in prison and fines of up to $50,000
- A Class A-I felony with a possible sentence of life in prison and fines of up to $100,000
If you or someone you know has been charged with drug possession in Long Island, it’s crucial to seek the help of an experienced attorney as soon as possible. A drug possession conviction can have serious consequences, including jail time, fines, and a criminal record that can affect your future job prospects and other aspects of your life.
Don’t wait to take action. Contact a skilled Long Island lawyer who can provide you with the legal representation you need to protect your rights and fight for the best possible outcome in your case. With the help of drug crime attorney Edward Palermo’s knowledge and experience, you can minimize the consequences you face and help you move forward with your life.
Marijuana Possession and Sales in New York
Marijuana offenses are handled differently than drug offenses involving controlled substances.
New York marijuana offenses include:
- Unlawful possession of marijuana (a violation)
- Criminal possession of marijuana (5 degrees)
- Criminal sale of marijuana (5 degrees)
As of March 31, 2021, it is no longer a criminal offense for someone over the age of 21 to purchase, possess, or transport up to three ounces of marijuana or 24 grams of concentrated marijuana for personal use in a private place. It is also no longer a criminal offense for someone over the age of 21 to give or transfer the same amounts to another person over 21 as long as payment has not been involved. Instead, unlawful possession of marijuana is now considered a violation that can carry civil fines depending on the number of offenses the individual has had.
Possessing or selling marijuana in excess of 24 grams or in a public place carries harsher penalties. Depending on the amount of marijuana in your possession and whether you are using it personally or selling it, it can result in criminal possession or sale charges and can carry penalties ranging from one year in jail and $1,000 in fines up to 15 years in prison and $5,000 in fines.
While many states have loosened laws regarding marijuana, it is still a crime to possess, sell, or grow marijuana in New York in many instances. If you are facing marijuana-related criminal charges, it is important to take this seriously and get skilled legal advice. There may be multiple defense options available to you to ensure that you go forward without a criminal record. Long Island criminal defense attorney Edward Palermo will look at the evidence and charges and determine the best defense strategy.
If you or a loved one is facing charges of drug crimes in Long Island, it’s important to act quickly and seek the help of an experienced criminal defense attorney. A criminal conviction for drug crimes can have serious consequences, including jail time, fines, and a criminal record that can affect your future opportunities and reputation.
At Edward Palermo Criminal Defense, defense lawyer Edward Palermo and his team of legal professionals understand the implications of being convicted for crimes related to drugs. We may be able to help you create a solid defense strategy.
Drug Treatment Court is a form of alternative sentencing available to non-violent offenders struggling with drug or alcohol addiction. To participate in the program, one must meet certain eligibility criteria and agree to abide by its terms. Upon successful completion, you can have your criminal charges reduced or dismissed. Failure to do so may result in incarceration.
Eligible offenses include controlled substance or marijuana-related class B, C, D, or E felonies, as specified by N.Y. Pub. Law §§ 220 and 221 and N.Y. CPL § 216.05. Examples of such offenses include criminal possession, sale, or use of controlled substances or drug paraphernalia, as well as possession or sale of marijuana.
While Drug Treatment Court can be an appealing option for those seeking substance abuse treatment and a chance to avoid criminal penalties, it is not an automatic entitlement. The process involves close supervision and is subject to rigorous requirements. At Edward Palermo Criminal Defense, our team of skilled drug possession attorneys may be able to help you navigate the complex legal process involved in seeking alternative sentencing.
Long Island Drug Crime Lawyer Explains the Defense Options for Drug Possession Charges in New York
Charges of criminal possession of any drug, while extremely serious, offer many avenues for defense. A skilled Long Island lawyer will review the evidence and arrest circumstances and begin to develop the best defense considering the case’s unique factors.
Possible defenses can include:
- A lack of intent or knowledge by the defendant
- The substance was used as a prescribed medication
- Unlawful search and seizure
- Statements were taken illegally
- Chain of custody issues
While the main focus will always be to get charges dismissed or a not guilty verdict rendered, there are other options and alternatives in drug possession cases that can result in lesser penalties, often with no jail time.
The state of New York has an alternative sentencing program called Drug Treatment Court designed to allow eligible individuals to go through a treatment program. Once successfully completed, this can impact a criminal case against that individual and allow the judge more discretion, possibly resulting in a reduction or even dismissal of charges.
Because the court will consider many factors when charging and sentencing an individual, an experienced drug possession attorney in Long Island will weigh all available options to get charges dismissed or lessen the potential penalties their client is facing.
If you are facing possession of drugs charges, Long Island defense lawyer Edward Palermo may be able to argue for an alternative sentence. Drug possession charges can have serious consequences, including fines, imprisonment, and a criminal record that can impact your future opportunities.
Contact a Long Island Drug Possession Attorney for a Free Consultuation
A drug possession charge is always serious, even if you are facing a lesser offense. Any criminal possession charge may result in a record that can affect you for a lifetime. When your future is at stake, it is critical to get the legal representation of an experienced lawyer for drug crimes as soon as possible.
If you have been accused of drug possession or drug trafficking in Long Island, we can help. At Edward Palermo Criminal Defense, you get devoted legal representation and protection to ensure the best possible outcome for your charges of drug crimes.
Criminal lawyer Edward Palermo and his team of Long Island drug possession attorneys have a skilled understanding of complex New York drug possession laws and aggressively advocate for clients facing serious drug possession charges.