Drug crimes are on the rise as more criminals turn to them to earn a living in these hard economic times. The possession of illegal substances in NY is considered a serious crime that is made worse by the intention to distribute. This is called drug trafficking, which also encompasses the manufacturing, transporting and selling of illegal or controlled substances.
Is Drug Trafficking a Felony?
This felony is determined by the amount of drugs in possession in terms of measurement and weight. Any specific amount, as per the laws of the land, is enough for one to be convicted of this felon. This is regardless of the fact that you had no part in the manufacturing, buying, selling, or transporting of these drugs.
Exceeding the limitations as per the law and being arrested and charged entitles you to an attorney. Our law office specialize in these cases that can be tricky considering the fine line between the laws surrounding drug trafficking and other drug crimes.
Drug Trafficking Charges
To be charged with drug trafficking, a prosecutor has to prove that you had the drugs in your possession knowingly and surpassed the trafficking limit. The amount varies from one state to another and might also be different for different illegal drugs.
They also have to prove that you had control over their storage and that you had the intention of distributing them. However, the prosecutor doesn’t have the burden to prove that you manufactured them or had the intention to sell or move them. As long as you surpass the limit, you can be charged with drug trafficking.
NY State laws apply if the drugs were within the state, and the federal government can also be involved. This comes into play if the drugs cross state lines and thus involve two or more states.
Drug Trafficking Jail Time
The charges are usually serious and the defendant is required to find themselves an attorney to defend them. If convicted, one can face jail time, probation, minimum sentences which are mandatory or penalties depending on the severity of the charges and the laws of the state.
First-time offenders can be sentenced to more than a year in prison with a charge resulting in more than ten years imprisonment being possible. Harsher sentences are common in some states which include life imprisonment.
This is why if charged for this crime; you will need a competent criminal defense attorney in your corner. From questioning by the police to the trial and sentencing, our attorneys will be at your disposal should you choose us.
Our experience in the area will ensure that you are not charged harshly by evaluating the facts surrounding your case. We are astute in drug laws, which guarantees our clients knowledgeable advice in the plea negotiations if need be.
Drug Trafficking Laws
The NY penal code article 220 clearly expounds on drug trafficking laws criminalizing the act of manufacturing, possession and sale of illegal substances. These fall into seven categories, namely narcotic preparations, narcotic drugs, hallucinogens, hallucinogenic drugs, dangerous depressants, stimulants and depressants.
Being found in possession of the drugs near a school compound or being a previous offender makes the sentencing harsher.
The drug laws in New York are considered among the toughest in the United States. It is not uncommon for one to be sentenced to a maximum imprisonment of 25 years or life.
The laws are however complex which is why having our experience will serve you well if charged. If we can prove that you had no intention to sell the drugs for instance, your sentence can be reduced considerably as the laws are easier on such charges.
Get in touch with us today for more information!