White Plains Drug Crime Attorney
Drug Charges in NY?
In New York, the penalties for drug possession and for drug trafficking are harsh. The level of the charges brought, whether a misdemeanor or felony, will depend on:
- The quantity of drugs involved
- The nature of the drugs involved
- The circumstances surrounding the charge (sometimes only possession is alleged, and in other circumstances, a drug sale is alleged)
A resulting conviction can carry a long prison term and life-long consequences associated with a record of conviction. It is critical that you hire an attorney who has experience handling drug cases in Westchester County and throughout the New York metropolitan area.
Drug Possession Charges
The possession of illegal substances, whether marijuana, a controlled substance such as cocaine or heroin, or certain other drugs, can subject a person to arrest and serious penalties. In some cases, the quantity possessed alone can subject the accused to prosecution for intent to sell.
It is also the case, in many instances, that individuals who do not possess drugs on their person are charged with possession on a constructive possession theory. This means that even though you may not have the drugs on your physical person, the possession is imputed to you due to the circumstances surrounding the arrest, including your proximity to the drugs. It is critical that you have an experienced criminal defense attorney at your side.
Under New York State Law, the penalties for a first time drug possession charge includes:
- 5th degree possession – A non-violent felony, individuals can serve 2.5 years in jail.
- 4th degree possession – A non-violent C felony, those charged can serve 5.5 years in jail.
- 3rd degree possession – A non-violent B felony, a person can serve up to 9 years in prison.
- 2nd degree possession – An A2 felony, a person charged can potentially serve 10 years in jail.
- 1st degree possession – An A1 felony, those convicted can serve up to 20 years in prison.
Drug Possession Defense Strategies
John Raimondo is not only intimately familiar with the technical defenses available, including the constitutional rights relating to improper search and seizure, but also with various drug related Court programs which can, in many instances, result in more lenient resolutions of drug cases in favor of the accused.
Often times the police investigating a drug crime make mistakes in the investigation of the crime, the use of informants and the seizure of drugs. Understanding these police errors and knowing how to take advantage of these mistakes is critical to defending a drug charge; it can make all the difference in the outcome of a case.
Common Drug Possession Defenses Include:
- The drugs do not belong to the defendant
- The drugs were found during an unlawful search and seizure
- The substance found was not actually an illicit drug
- The drugs were planted by law enforcement
It takes an experienced drug crime defense attorney with broad exposure to know what to look for and how to make the arguments to impact the outcome, whether in the context of plea discussions or at trial.
Drug Distribution Charges
Drug distribution charges are generally more serious than simple possession charges. New York State Law §220.31 defines drug distribution as the intentional and unlawful sale of a controlled substance.
Drug distribution charges range from non-violent class D felonies to A1 felonies. Depending on the conviction and the particular background of the accused, individuals can face up to, and in some cases more than, 20 years in jail.
Committed To Advocating For Our Clients
The Law Offices of John Raimondo, P.C. is committed to advocating for people charged with drug crimes. Our Westchester County drug attorney understands that a defendant in a drug related crime may have an addiction issue themselves, or simply found themselves in the wrong circumstances due to an unfortunate stroke of luck.
Why Attorney Raimondo?
John Raimondo is meticulous in getting to know each one of his clients and the details surrounding their case. Some reasons to hire Attorney Raimondo include:
- Readily available to answer your questions
- Zealous and experienced advocate with proven results
- More than a thousand cases competently and aggressively handled in the New York Metro area
If you were arrested in connection with a drug related crime, contact our experienced Westchester County drug lawyer. You can reach John Raimondo at (914) 996-4511.