Drug laws consist of laws that prohibit the manufacture, possession, or sale of certain controlled substances. Studies show that more than half of individuals currently serving jail time for an arrest are doing so on charges relating to drugs. If you have been arrested or are charged with any type of drug-related crime, the criminal defense lawyers at Schalk, Ciaccio & Kahn are your best resource for legal advice and professional representation.
About Drug Possession
Drug possession laws in New York cover possession of marijuana and other types of controlled substances under two types of circumstances. The first circumstance is physical possession of drugs or drug paraphernalia, meaning you have drugs or paraphernalia on your body, in your hands, or in a container within reach. This type of possession also applies to individuals who are found with marijuana “ in public view.” Alternatively, constructive possession of drugs means you are not carrying drugs with you physically on your body, but that drugs are found on or in a property you own and control. To prove constructive possession of drugs, law enforcement must prove that you had knowledge of the drugs’ presence on your property and were in full control of the property at the time.
About Drug Sentencing
Depending on the type and amount of drugs found in your possession, there are various penalties you may face. If you are charged with drug possession or intent to sell, you could be facing charges as high as a Class A1 or A2 Felony which requires a mandatory state prison term if convicted. A conviction for either a Class A1 drug felony carry sentences that range from 8-20 years in jail. Lower felony and misdemeanor drug charges are just as serious and can carry punishments ranging from state prison to probation. It is imperative if you or a loved one is charged with a drug charge in New York that they contact an experienced criminal defense attorney immediately.
State drug laws are constantly changing; because lawyers must stay up to date on the latest regulations, the Long Island criminal defense lawyers at Schalk, Ciaccio & Kahn provide the counsel you need to understand the drug charges you face and how to ensure you obtain the best result possible.