Manhattan Drug Possession Attorney

Manhattan Drug Possession: Misdemeanor or Felony?

In New York, drug possession charges are classified by degrees. The charge will depend on several factors, including the type of drug, the amount in your possession, whether you have any prior drug convictions, and the circumstances of your arrest. Each drug possession charge has different elements that the prosecution must prove beyond a reasonable doubt, and the sentence exposure for each is different. Here is a quick overview:

1. New York Criminal Possession of a Controlled Substance in the Seventh Degree: This is a class A misdemeanor, punishable by up to one year in prison. This is the lowest charge for drug possession.

2. New York Criminal Possession of a Controlled Substance in the Fifth Degree: This is a class D felony, punishable by up to seven years in prison. This is the lowest felony offense for drug possession. This charge includes simple drug possession, but may also include an intent to sell controlled substances.

3. New York Criminal Possession of a Controlled Substance in the Fourth Degree: This is a class C felony, punishable by up to fifteen years in prison. This offense includes possession of controlled substances weighing one-eighth of an ounce, one-half of an ounce, or two ounces or more.

4. New York Criminal Possession of a Controlled Substance in the Third Degree: This is a class B felony, punishable by up to twenty-five years in prison. This charge may include intent to sell, but also looks at specific weights of stimulants and hallucinogens.

5. New York Criminal Possession of a Controlled Substance in the Second Degree: This is a class A-II felony, punishable by up to life imprisonment. It also includes a mandatory minimum sentence. This charge deals with methamphetamine weighing two ounces or more, as well as other narcotic drugs weighing four ounces or more, among other things.

6. New York Criminal Possession of a Controlled Substance in the First Degree: This is the most serious charge related to drug possession. It is a class A-I felony, punishable by life imprisonment. It also includes a mandatory minimum of fifteen years in prison.

When you are facing a Manhattan drug possession charge, your future is at stake. Not only do these charges carry the potential for prison time, but they can also result in severe financial penalties, such as forfeiture and fines. Other consequences may include mandatory drug treatment programs, issues with employment or housing, loss of professional licenses, and potential immigration issues if you are a non-U.S. citizen. Finding a Manhattan drug possession attorney who can explain the charges and any potential consequences is crucial. You want a lawyer who will protect your rights and strive to achieve the best possible outcome for you.

· Discovery and Pre-Trial Motions: Your defense attorney reviews the prosecution’s evidence and begins to build a defense, which often includes motions to suppress evidence, challenges to procedural errors, and defense investigative work, if needed.

· Plea Bargaining: We always prepare as if we’re going to trial, but we also review any plea deal with you and help you determine if it’s in your best interest.

· Trial: Not every case goes to trial, but if yours does, you want a defense attorney who will create reasonable doubt by strategically cross-examining witnesses, disputing forensic evidence, and calling witnesses on your behalf, if needed.

· Sentencing and Appeals: No defense lawyer can guarantee any outcome. If you are convicted, you want a defense attorney who will help you mitigate your sentence and determine if appealing your conviction is appropriate.

When it comes to facing drug possession charges in Manhattan, you want an experienced criminal defense attorney. At The Fast Law Firm, P.C., our team is well-versed in navigating serious charges. We’ll provide you with diligent representation at each step in the legal process.

Questions to Determine Defenses Against Drug Possession Charges

We know that each drug possession case has unique circumstances. Our team at The Fast Law Firm, P.C. evaluates your situation closely to develop a personalized defense. Here are some common defenses we may explore:

· Challenging the Search and Seizure: Did law enforcement respect your Fourth Amendment rights? If there was a warrant in your case, was it valid?

· Questioning Possession: Did you knowingly and unlawfully possess the controlled substance in question? Is there an argument that the drugs were not under your dominion and control?

· Asserting Lack of Knowledge: Were drugs found in your home or car, or were they found in someone else’s home or car?

· Challenging Drug Analysis: Is the drug analysis accurate?

· Investigating Chain of Custody: What is the chain of custody for the drugs, and were there ever any breaks in that chain?

· Examining Medical Exceptions: Do you have a valid prescription for the drugs in your possession?

At The Fast Law Firm, P.C., we evaluate every possible defense to obtain the best possible outcome. We thoroughly examine all of the evidence, strategize on whether a plea is in your best interest, and keep you informed during every stage of the process.

· Legal Process Guidance: We stand with you throughout the arraignment, bail hearings, pre-trial conferences, plea negotiations, and, if necessary, the trial. We explain what happens at every step, and we’ll always work toward achieving the best possible outcome for you.

· Defending Your Rights and Reputation: With drug possession charges, it’s not just your freedom at stake. We protect your rights and do everything possible to safeguard your reputation and privacy.

Contact The Fast Law Firm, P.C. Today

Facing drug possession charges in Manhattan can have serious and lasting consequences. These allegations may affect your job, reputation, and freedom. At The Fast Law Firm, P.C., we help you navigate every step in the legal process, work tirelessly to protect your rights and reputation, and strategically build a defense tailored to you.

Contact us today at 212-729-9494 for your free, confidential initial consultation. We’ll discuss the charges, look for potential defenses, and guide you through the legal process. With The Fast Law Firm, P.C., you’ll work with a team of experienced lawyers and former prosecutors who will relentlessly fight for you.