Long Island Drug Possession Attorney

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Long Island Drug Possession Attorney - Edward Palermo - NY Criminal Defense Lawyer

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 28 years of experience helping those facing serious criminal drug charges. 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.

Drug crimes can have a devastating impact on your life, especially if you are convicted.

Call the skilled NY criminal defense lawyer Edward Palermo at (631) 265-1052 for a free consultation regarding your drug charges.

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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 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 an unlawful possession of marijuana charge which will result in a violation. 

Drug possession is one of the most common yet serious charges 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 drug 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 handle all levels of drug possession charges and have committed their careers to aggressively representing those who are facing these serious charges of drug crimes. You should never face these serious charges alone.

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 on 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. 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.

To schedule a free consultation regarding your drug charge, call Edward Palermo Criminal Defense today at (631) 265-1052.

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

Marijuana Possession and Sales in New York

Marijuana offenses are handled differently than 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.

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Long Island Drug Crime Lawyer Explains the Defense Options for Drug Possession Charges in New York

Criminal possession charges, while extremely serious, offer many avenues for defense. A skilled Long Island drug possession attorney 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
  • Entrapment
  • 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 Long Island drug possession attorney will weigh all available options to get charges dismissed or lessen the potential penalties their client is facing. If you are facing possession charges, Edward Palermo may be able to argue for an alternative sentence, getting your sentence reduced or saving you from jail time altogether.

Getting the Help of an Experienced Drug Possession Attorney

Suffolk County Criminal Lawyer | Suffolk County DWI Lawyer

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 legal representation as soon as possible.

If you have been accused of or charged with drug possession on Long Island, we can help. At Edward Palermo Criminal Defense, you get devoted legal representation and protection to ensure your best possible outcome. Drug crime 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.

Call us at (631) 265-1052 to schedule a no-cost consultation to discuss your case.

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