Charged With a Drug / Narcotics Related Crime on Long Island? Use Some Common Sense.
Drug crimes can range from simple possession of an illegal substance to the manufacture, trafficking and smuggling of drugs. No matter what the charge, it always makes good sense to hire a narcotics lawyer, becuase you are playing with your freedom. Do the wrong thing and you can wind up doing jail time, and just think about those consequences and their impact on your life.
TIP: How to find a Long Island NY Narcotics Lawyer that your comfortable with.
Tip 1: Before you hire a Long Island, NY drug crime lawyer, that deals with possession, manufacturing, trafficking or any other drug related offense you should check to see if they have ever been disciplined, had complaints against them, are in good standing with the Bar Association and the like.
Tip 2: You also need to be comfortable with the Drug Crime Lawyer. Is he attentive to your situation are you comfortable with him / her?
The Classifications of Felony Charges on Long Island and NY
Most states categorize felonies into five classes or levels: Class A or Class 1 to Class E or Class 5. Some states don’t have subcategories and just have misdemeanor or felonies. In New York, there are six classes of felonies: Class A-I, Class A-ll, Class B, Class C, Class D and Class E.
The crime laws in New York are further complicated with two types of sentences – indeterminate and determinate. An indeterminate sentence is often for non-violent offenses and has a minimum and maximum number of years in prison. (For Class A felony convictions, there are only indeterminate sentences.) A determinate sentence is for violent crimes and drug-related crimes and imposes a set number of years in prison.
Below are the indeterminate sentences for felonies in New York.
- Class A-I – 15 to 40 years in prison, or up to life in prison
- Class A-II – 3 to 8 years in prison, or up to life in prison
- Class B – 1 year to one-third of maximum sentence which is up to 25 years
- Class C – 1 to 15 years in prison
- Class D – 1 to 7 years in prison
- Class E – 1 to 4 years in prison
NY & LONG ISLAND PENAL LAW § 220.03 – CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE 7TH DEGREE
A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state’s syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.
Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor on Long Island, NY
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|Long Island NY Drug Crime Practice Area Summary
Have you been arrested for a drug crime? Due to the serious nature of this offense, it is imperative that you retain the representation of an experienced Long Island drug crime defense lawyer immediately. Without professional and skilled legal representation, you could be facing some of the harshest penalties under the law.
If convicted, the immediate penalties and lifelong consequences that you may face will be life altering."