LSD Possession in Brooklyn, New York

Overview of LSD Laws in Brooklyn

In Brooklyn, New York, the state categorizes LSD as a controlled substance. This means possessing it and/or manufacturing or selling it is completely illegal. The degree of charge and the possible sentence placed on you will depend on how much LSD you possessed. If you want to defend yourself from these charges, you should educate yourself on the laws around LSD possession and retain an experienced Brooklyn LSD criminal-defense attorney. This guide serves to cover the different degrees of LSD possession and the penalties that come with them.

Defining LSD Possession

You will be indicted with an LSD possession charge in Brooklyn if you possess any amount of the substance; Even tiny amounts can lead to an arrest. The court may also add sale or distribution charges if you possessed a large amount; Sentencing can also be stricter if you had it in your possession near a school or have previous drug offenses. LSD doesn't have to be on your immediate person for courts to indict you either. They can and will arrest you if LSD is found on any of your personal property, including your home and car, even if it doesn't belong to you.

Potential Charges for LSD Possession

The New York criminal code doesn't have a charge solely for LSD possession. Instead, LSD possession is included in a broader category of crimes known as criminal possession of a controlled substance, which would also apply in cases where other drugs were involved. If it's strictly a possession case, there are four potential controlled substance charges you could be looking at:

Seventh Degree: Class A Misdemeanor

Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor that applies to cases where the amount of LSD was less than 1 milligram. You could be sentenced to one year in jail. The good thing about this is that misdemeanors won't have as big of an effect on your life as a felony charge, but sentencing could still cause issues. New York's courts will often sentence you to probation if you're found guilty of this charge.

Fourth Degree: Class C Felony

Criminal possession of a controlled substance in the fourth degree is a class C felony that applies to cases where the amount of LSD was a minimum of 1 milligram but under 5 milligrams. This is much more severe than the seventh degree charge and the courts will prosecute it with heavier consequences in mind. Probation is possible if you're a first offender, but the courts could sentence you to a minimum of one year in prison and up to five years and six months depending on the circumstances. You could be sentenced to up to 15 years in prison.

Third Degree: Class B Felony

Criminal possession of a controlled substance in the third degree is a class B felony that applies to cases where the amount of LSD was a minimum of 5 milligrams but under 25 milligrams. Courts will rarely offer probation in cases like these, but it can happen if you have a clean record. The prison sentence will be a minimum of one year, but could be up to nine years. You could be sentenced to up to 25 years in prison.

Second Degree: Class A-II Felony

Criminal possession of a controlled substance in the second degree is a class A-II felony that applies in situations where you possessed more than 25 milligrams of LSD. There is the possibility of probation, but it will only be offered as a lifetime sentence, meaning you'll be on probation for the rest of your life. Courts will typically send people with this charge to prison for a minimum of three years; However, it could be up to 10 years in severe situations. You could be sentenced to life in prison.

Factors Affecting Penalties

These penalties are assuming you're a first-time offender for a drug and/or violent crime and you weren't distributing LSD. If you aren't a first-time offender, courts will be much stricter in sentencing as the minimum sentence rises significantly. On the other hand, if you were distributing LSD, the court could add more charges and/or change the degree of the charge, which in turn will make sentences longer. Lastly, if you're found possessing LSD near a school, courts will add a year to the minimum sentence if it's a third degree possession charge or higher.

Additional Consequences

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Other potential penalties include probation and fines. There are also other criminal charges related to LSD possession. For example, if you manufactured or sold LSD, those are separate offenses that can add to your punishment. Possession of large amounts of LSD can be charged as intent to sell. Sentences and charges can also be lessened though, as most courts will offer diversion programs or probation in plea deals; However, irregardless of the charge, a drug crime will likely remain on your record for life and could bar you from certain employers and academic institutions.

Getting the Best Result After an LSD Possession Charge

An LSD possession case isn't always cut and dry. There can be a variety of factors that play a role in determining whether you're found guilty and what your punishment will be if you are. A skilled Brooklyn LSD possession lawyer can help you get the best result for yourself.

Defense Strategies

Don't assume that your case is unwinnable because of the evidence against you. Evidence isn't always admissible. If the police made an illegal search and seizure, any LSD they found may not be admissible in court, which means the case could be dismissed. Even if making a plea deal is the smartest option for you, when you hire a lawyer, they can represent you and negotiate a favorable deal. It could make the difference between spending time in prison and getting off with a fine and two years of probation. Your lawyer may also be able to negotiate a lighter punishment for you if you complete a substance abuse program. And if you're facing intent to sell charges, a lawyer can argue that there's insufficient evidence to prove that. As Brooklyn LSD possession lawyers know the charges in and out, they also understand how to fight those charges most effectively.

Get Legal Help Now

When you're facing these kinds of charges, your best bet is hiring a Brooklyn LSD possession lawyer right away. You also need to know what kind of penalties you could be facing and potential defense options. Don't deal with Brooklyn LSD Possession charges alone. Speak to the Spodek Law Group today.