Drug Crimes Defense Attorneys in Long Island & Nassau County
Drug Crimes Defense in Long Island, NY
Assistance from Skilled Criminal Lawyers
The state of New York has some of the strictest laws in the country concerning the use and sale of controlled substances. As a result, penalties for drug crimes in this state can be extremely severe. Whether you have been charged with simple misdemeanor possession or a major felony for selling illegal substances, you may be facing costly fines, court-ordered treatment programs, time in jail or prison, etc. In addition to this, having a drug crime conviction on your permanent record could have a significantly negative impact on your future — from your ability to find employment and apply for loans to the right to carry a firearm and drive a motor vehicle.
Drug Crimes We Represent
If you have been charged with a drug-related offense, having an experienced team of defense attorneys at your side is an absolute necessity. At Schalk, Ciaccio & Kahn, we have Long Island criminal lawyers who are able to handle even the most difficult cases as we fight to protect your finances, freedom, and reputation — whether in negotiations with the prosecution or before a jury.
We represent clients who have been charged with drug crimes such as:
- Possession
- Cultivation or manufacturing
- Sale
- Trafficking
Drug Offense Laws in New York
New York State has some of the country’s toughest laws regarding possession and sale of illegal drugs and unlawful use of controlled substances. Here is what you should know about how these laws can affect you:
- Possessing 25 grams or more of marijuana is considered a violation of the law, and the penalties rise with the amount of the drug you possess. Having more than 10 pounds of marijuana is considered a class C felony
- Selling anything containing marijuana is considered a violation of the law, no matter how much it weighs. Selling anything containing marijuana that weights more than 16 ounces is a class C felony
- Criminal possession of a controlled substance in the seventh degree is considered a class A misdemeanor, while possession in the first degree is considered a class A felony
- Criminal possession of materials that are used to manufacture methamphetamine is considered a class E felony. Unlawful manufacture of methamphetamine in the second degree is considered a class B felony
- Criminal use of drug paraphernalia is considered a class A misdemeanor, and a second conviction is considered a class D felony
Common Defenses Against Drug Charges
There are many different grounds that people use to challenge drug charges, from lack of concrete evidence to violations of police protocol. Our attorneys can evaluate your situation in a free case evaluation and help you explore the best defense options in your case. Contact Us Today!
A few defenses that are commonly used include the following:
- You had a legal right to possess the substances, such as if you had a prescription
- You did not know that the substance was in your possession
- Your arrest was based on an unlawful stop or unlawful search and seizure by law enforcement
- You had only “fleeting” possession of the substance (or you possessed it for too short of a time)
- The amount of the substances was below the legal limit set by New York law
New York Drug Charges: A Complete FAQ Guide
New York law enforcement aggressively prosecutes a wide range of narcotics offenses. The most frequent arrests involve simple possession, possession with intent to distribute, drug trafficking, and manufacturing illegal substances. Police also routinely charge individuals with possessing drug paraphernalia.
You must exercise your right to remain silent and request legal representation immediately. Knowing what to do after a drug possession arrest will drastically impact the outcome of your case. Never consent to a police search of your vehicle or home without a warrant. Be polite to officers, but firmly decline to answer any questions until your lawyer is present.
Courts hand down severe penalties for drug crimes across the state. A conviction often leads to heavy fines, mandatory participation in rehabilitation programs, probation, and significant prison sentences. A criminal record will also negatively affect your employment opportunities and housing prospects.
Prosecutors elevate charges from misdemeanors to felonies based primarily on the weight and classification of the narcotics involved. Having felony drug charges in New York, explained by our legal team, reveals just how serious these allegations are. Class A felonies represent the most severe category and carry the harshest punishments, including potential life imprisonment.
Understanding the legal framework is vital for your defense. A proper controlled substance possession laws overview shows that the state categorizes drugs into specific schedules based on their potential for abuse. Schedule I drugs, like heroin, trigger much heavier penalties than lower-schedule prescription medications possessed without a valid script.
The legal landscape surrounding cannabis has shifted drastically in recent years. New York has legalized recreational use for adults, but strict regulations remain in place. Unlicensed sales and possessing amounts over the legal limit still carry harsh marijuana possession penalties that can include jail time.
Operating a lab to create illicit substances attracts intense scrutiny from both local police and federal agencies. Because of the dangerous nature of the chemicals involved, methamphetamine manufacturing charges result in mandatory minimum prison terms and incredibly aggressive prosecution.
Judges evaluate multiple elements before handing down a final punishment. Common drug crime sentencing factors include your prior criminal history, the presence of firearms during the arrest, and the intent to distribute narcotics near a school or park.
A robust defense requires meticulous investigation and a deep understanding of police procedures. We utilize proven drug crime defense strategies to protect our clients. These tactics include challenging the legality of the initial traffic stop, suppressing evidence obtained through illegal searches, and questioning the validity of the state’s crime lab results.
When to Contact a Drug Crimes Defense Attorney?
You need proactive legal counsel the very moment police place you under arrest. Highly experienced drug crimes defense attorneys protect your constitutional rights from the start and prevent you from making self-incriminating statements. At Schalk, Ciaccio & Kahn, we will aggressively seek out the facts surrounding your arrest and scrutinize every aspect of the accusations. Call us today to secure the rigorous, knowledgeable representation you deserve.