The team of attorneys at Tully Rinckey have decades of experience handling drug possession cases. Our team routinely services clients in these matters throughout the Capital Region to include: Albany, Schenectady, Rensselaer, Saratoga, Schoharie, Montgomery, Fulton, Warren, Washington, Greene, Columbia, Ulster, Dutchess, Delaware, Otsego, Herkimer, Hamilton, Essex, Clinton, Franklin and St. Lawrence Counties.

There are many pitfalls associated with drug possession and drug sale charges. Even the smallest drug possession charge can lead to felony charges when law enforcement classifies it as possession with intent to sell. Simply giving, or even worse, offering, drugs to someone without an exchange of money can be considered a sale. These scenarios can lead to a lengthy jail or prison sentence. Our team of Capital Region drug charge attorneys are well-versed in New York State and federal drug laws. Led by Partner Derrick Hogan, we provide effective representation when facing charges involving controlled substances.

To schedule an initial consultation for your case, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or by email at

More serious are accusations that a person intended to distribute drugs. It is rare for the police to catch someone in the act of selling. Instead, prosecutors rely on circumstantial evidence obtained using a search warrant. This evidence can include:

  • Drugs allotted into individual packages
  • The presence of large amounts of cash
  • Scales
  • Ledgers or computers with customer lists

Any allegation of drug possession with intent to sell is a felony charge. For possession with intent to sell a controlled substance, a person faces up to seven years in prison. However, if they are charged with intent to sell a narcotic, they face up to twenty-five years.

In its simplest form, New York Penal Code §220.03 states that it is illegal for any person to possess any illegal substance of any kind. The only exception to this is small amounts of marijuana. A violation of this law is a class A misdemeanor which means that a conviction could result in up to one year in jail.

The most serious allegations involve the sale of drugs. Knowingly selling any amount of a drug is considered a class D felony and is punishable by up to seven years in prison.

New York Penal Code §220.43 makes the sale of any substance or compound containing a narcotic weighing more than two ounces a class A-I felony. The charge is the same for anyone selling more than two ounces, and can result in up to thirty years in prison.

Our team is equipped to win cases against tough odds. If you are facing drug charges in the Capital Region, call us immediately. You can contact us 24 hours a day, 7 days a week via phone at 888-529-4543, or by e-mail at

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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