Conviction for a criminal law offense can lead to serious life consequences. Fines, jail time, loss of employment or industry accreditation, and damage to reputation are just some of what can happen. Time is critical in responding. If you have been arrested or charged with a criminal law violation, you need an experienced and knowledgeable criminal attorney to fight for you and defend your case. Tully Rinckey’s Albany, NY criminal lawyers have successfully defended clients against criminal law charges for decades and have the high quality know-how to defend you as well.
The statutes in New York Penal Law concerning illegal drugs can be complex. They consider not just the fact that you were allegedly in possession of illegal drugs, but also the type of drug, its quantity, and what you were allegedly doing or planning to do with those drugs. All of this combines to make most drug charges felony offenses for which a conviction could forever change your life.
Possession of Illegal Drugs Under New York Penal Law
New York Penal Law Article 220 outlines the laws that Syracuse courts use to punish the possession of illegal drugs. With the exception of small amounts of marijuana in a private setting, it is illegal for any person to have even a trace amount of an illegal drug in their possession in the State of New York. These allegations vary in severity depending on several factors.
The most important issue affecting the severity of a drug charge in Syracuse is the quantity of the drug found in the defendant’s possession. At the most basic level, the possession of any illegal drug is a class A misdemeanor according to NYPL §220.03.
However, drug possession charges quickly become more serious as the quantity of drugs increases. Having as little as a quarter-ounce of some drugs is sufficient for possession charges to become a class D felony. The most severe drug charge—Criminal Possession of a Controlled Substance in the First Degree, codified under NYPL §220.21—is a class A-1 felony that may apply to your case even if you did not intend to sell the drugs.
Different Drugs Carry Different Penalties
However, the severity of drug possession charges also changes depending on the type of drugs allegedly possessed. In other words, the severity of a charge is a combination of the type and amount of drugs possessed.
As such, the penalties for a conviction range in severity from misdemeanors to the most severe penalties available under New York Penal Law. Convictions for misdemeanors carry a maximum penalty of one year in jail but rarely rise to this level of punishment. By contrast, most drug charges are felonies for which you could face a minimum of one year in prison all the way up to a life sentence.
The harshest penalties apply to the possession of narcotic drugs, including cocaine, heroin, and methadone. Every case is unique, and a drug possession lawyer in Syracuse could help you better understand New York’s drug possession laws and how they apply to your case.
How a Syracuse Drug Possession Attorney Could Help
Cases involving drug possession are among the most common seen in criminal courts throughout the Syracuse area. Despite this, these cases can vary in severity from misdemeanors to serious felonies. No matter the exact circumstances, a Syracuse drug possession lawyer could fight for your rights in court.
At Tully Rinckey PLLC, our legal team works to analyze every aspect of the prosecutor’s case on behalf of our clients, from the drug lab results to witness statements to the execution of search warrants. By reviewing your case like this, our attorneys may be able to develop a defense designed to give you the best chance of success. You can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.
You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.
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K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
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