NYC Heroin Possession Lawyer

Heroin Possession Attorney in NYC

New York City is the most populated city in the United States, so it is no surprise that it also has a high crime rate, specifically drug-related crimes. Drugs are readily available in New York, rather than for the intention of sale or possession, with heroin being one of the most used and sold drugs. If you are facing charges, you should promptly consult with an NYC heroin possession lawyer.

At Greco Neyland, PC, our team of NYC drug crime lawyers has the knowledge and experience you can count on when you need it the most. We work hard to reach an acquittal in your case or see your charges reduced or outright dismissed.

NYC Drug Possession Laws

In alignment with federal laws, all controlled substances are illegal in New York City. Controlled substances are drugs or chemicals that are regulated by the US government. Further, each drug has a particular schedule that defines its dangerousness; specifically, a drug’s schedule classifies its addictiveness and approved medical usage. Controlled substances are scheduled I-V. Schedule I drugs are the most dangerous, and Schedule V is the least.

While each drug has a certain schedule, ultimately, drug crime penalties depend on the amount of the drug and your intent. For example, intent could be a possession or intent to sell, sell, distribute, or manufacture a certain drug. In New York, first-degree drug offenses are the most serious, while seventh-degree offenses are the least serious. For example, even though marijuana is a Schedule I drug, possession is a seventh-degree offense.

What Is Heroin?

Heroin is an opioid that is classified as a narcotic for purposes of scheduling and penalties. It is a Schedule I controlled substance, meaning it has a high abuse potential and low approval for medical use. Heroin is also reported as being the most highly abused drug in the New York area, with a diverse clientele of both lower-income and even upper-income users.

In 2002, over 300 kilos of heroin were seized by the NYPD Narcotics Division, according to a National Drug Intelligence Center Report. Much of the heroin in New York comes from South America and is distributed in the Jackson Heights part of Queens.

Penalty for Heroin Possession

The charges for heroin possession and sales are vastly different. Generally, heroin possession is a misdemeanor unless you are in possession of high amounts. At the lowest end, heroin possession is a 7th-degree offense, a class A misdemeanor with a sentence of up to a year in prison and the potential to pay up to $1,000 in fines. Other heroin-related possession penalties are as follows and are a part of narcotics charges per NY Penal §§ 220.03 to 220.25:

• 5th degree offense. Class D felony, punishable by up to 2.5 years in prison and $5,000 in fines.
• 4th degree offense. Class C felony, between 1-5.5 years in prison and up to $15,000 in fines.
• 3rd degree offense. Class B felony, between 1-9 years in prison and up to $30,000 in fines.
• 2nd degree offense. Class A-II felony, between 3-10 years in prison and up to $50,000 in fines.
• 1st degree offense. Class A-I felony, between 8-20 years in prison and up to $100,000 in fines.

While some charges are for possessing a certain amount of heroin, others are for possession with the intent to sell certain amounts or even substances related to heroin.

When to Consult with a Lawyer

Being charged with a heroin offense is a serious crime in New York. Whether you are caught in possession of a small amount or up to 80z, you can spend time in jail. This is why it is wise to contact a lawyer immediately after you have been arrested. You should:

• Exercise your right to remain silent
• Avoid speaking to anyone but your lawyer about your case
• Remain calm and composed at your arrest and throughout the criminal process

Your job is to collect any evidence that may help your case, cooperate with law enforcement, and leave your defense to your lawyer. A skilled criminal lawyer can build a solid defense by investigating your case thoroughly and challenging the evidence against you.

Heroin Possession FAQs

Q: How Long Do You Go to Jail for Drug Possession in New York?

A: The amount of time you go to jail for drug possession in New York depends on the drug and the amount in which you are in possession. Further, in New York, drug crimes have varying degrees, with 1st degree being the most severe and 7th degree the least. For example, 7th-degree possession of a controlled substance could result in serving up to a year in prison, while certain 1st-degree possession crimes may mean spending up to 20 years in prison.

Q: How Much Is a Lawyer for Simple Possession?

A: En cost of a lawyer for simple possession varies in New York. You may be concerned whether hiring a lawyer is worth it if your simple possession sentencing is minor. For example, simple posesión de marihuana may result in a $100 fine. However, without the help of a lawyer, and if you have prior convictions, you could be at risk of paying more in fines or having your rights violated. Generally, lawyers may charge less for minor cases than for more complex cases.

Q: How Do You Win a Drug Possession Case?

A: Winning a drug possession case depends on several factors, which include the quality of evidence against you, the amount and type of drug you are accused of possessing, and the strength of your lawyer’s defense. If your lawyer can craft a solid and convincing defense, you have a better chance of winning your case in NYC.

Q: What Is the Minimum Sentence for Drug Possession?

A: The minimum sentence for a drug possession case is highly influenced by the circumstances of your case. Mitigating circumstances, the addition of other criminal charges, and many other factors play a role in what sentence you could face. Discussing the circumstances of your case with your attorney will help to build an understanding of the potential consequences you could face.

Contact NYC Heroin Possession Lawyer

En Greco Neyland, PC, we have extensive experience handling a range of drug-related cases. Because drug crimes and arrests are rampant in NYC, you should have a lawyer on your side to defend you if you ever get involved in a drug case. Póngase en contacto con nosotros for a free consultation and to learn how we can help you fight heroin possession charges.