New York Crack Possession

New York Crack Possession Laws and Defenses

Getting charged with crack possession in New York can be scary; the penalties are harsh, and a conviction can ruin your life. But there are defenses that can help you avoid conviction, or at least reduce the charges. This article will break down the laws, penalties, and potential defenses so you understand your options if charged with crack possession.

New York Crack Possession Laws

Under New York State Law Article 220, it is illegal to possess crack cocaine, also known as cocaine base. Possession is classified based on the amount:

• 7th Degree: Possessing less than 500 mg of cocaine is a Class A misdemeanor, punishable by up to 1 year in jail.
• 5th Degree: Possessing 500 mg or more is a Class D felony, punishable by 1-2.5 years in prison.
• 4th Degree: Possessing 1/8 ounce (3.5 grams) or more is a Class C felony, punishable by 3.5-8.5 years.
• 3rd Degree: Possessing 1/2 ounce (14 grams) or more is a Class B felony, punishable by 6-25 years.
• 2nd Degree: Possessing 2 ounces (56 grams) or more is a Class A-II felony, punishable by 8-20 years.
• 1st Degree: Possessing 4 ounces (112 grams) or more is a Class A-I felony, punishable by 15-25 years.

As you can see, the penalties get severe quickly as the weight increases. Even a few grams can mean years in prison.

Federal Charges

You may also face federal charges for crack possession under Title 21 U.S. Code § 844. This law is similar to New York’s, with penalties based on the amount possessed:

• 1st offense simple possession of any amount is up to 1 year imprisonment and a $1,000 fine.
• 2nd offense simple possession is 15 days to 2 years and a $2,500 fine.
• Possession of 5+ grams brings 5-20 years and a fine up to $250,000.
• Possession of 50+ grams brings 10 years to life and a $4 million fine.

As you can see, federal charges also quickly escalate for larger amounts. And you face the risk of consecutive state and federal sentences.

Defenses to Crack Possession

Fighting crack possession charges involves attacking the prosecution’s case against you. Here are some potential defenses:

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Lack of Actual Possession

If the police did not find crack on you personally, you may argue you never actually possessed it. Mere proximity to drugs is not enough to convict. For example, if crack is found in your friend’s pocket while you’re together, you are not automatically guilty of possession.

No Knowledge

The prosecution must prove you knowingly possessed the crack. If it was hidden in your car without your knowledge, you are not guilty. Or if someone hands you an item containing hidden drugs, you may argue you did not know what was inside.

Illegal Search

If the police find crack through an illegal search, the evidence may be excluded. An illegal search includes searching without a warrant or probable cause. If the drugs are excluded, the possession charge will be dismissed.

Entrapment

This defense claims police induced you to commit a crime you otherwise wouldn’t. For example, if an undercover officer pressured you into buying crack for them. Successful entrapment defenses lead to full acquittals of the charges.

Personal Use Exception

Under NY Penal Law § 220.03, possession of under 500 mg of cocaine for personal use is only a misdemeanor. While still illegal, it is punishable by less than 1 year rather than potential years in prison. Admitting the crack is for personal use could help you avoid felony charges.

Sentencing and Diversion Programs

If convicted of crack possession, you may be eligible for alternatives to incarceration:

• Drug Court – For addicted nonviolent offenders. Requires treatment and monitoring instead of jail.
• Probation – Sentence is suspended for probation. Avoid jail by following probation terms.
• Parole – Early release from prison with supervision and conditions.

You may also request the judge consider mitigating factors to impose a lighter sentence. For example, being a first-time offender, having a job and stable home, going to treatment, etc. could persuade the judge to be more lenient.

Getting Legal Help

Never try to navigate crack possession charges alone. An experienced New York criminal defense lawyer can protect your rights. They will thoroughly examine your case for defenses and negotiate with prosecutors for reduced charges or diversion programs. With severe penalties on the line, getting professional help is critical.

If you or a loved one is charged with crack possession in New York, contact a lawyer immediately. They will fight to help you avoid harsh punishments so you can move forward with your life.

References

Here are the references cited in this article:

• New York Crack Possession | NY Crime Lawyer
• NY & Federal Laws for Cocaine Possession or Sale
• Article 220 | NY Penal Law | Controlled Substances Offenses
• CJI2d[NY] PENAL LAW ARTICLE 220