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Crack is a type of cocaine that is made by cooking cocaine with baking soda. Crack is less expensive that cocaine, and it is also highly addictive, so it is a commonly abused illegal substance, especially in New York. It is a schedule II controlled substance, so a conviction for possession of crack in New York can lead to significant consequences. In addition, possession of crack is also a federal offense that comes with much harsher consequences.
If an individual needs legal representation from a criminal defense attorney for possession of crack, it is vital that the attorney is experienced with cases that involve criminal possession of a controlled substance. Because an individual can be charged violating New York and federal laws if they are found in possession of crack, the importance of legal representation during the proceedings yields the best chances of a successful outcome.
Possession of Crack Crimes in New York
According to the New York Penal Code, possession of crack is categorized as criminal possession of a controlled substance. In more specific terms, possession of crack is included in the portion of the New York Penal Code that is related possession of cocaine and possession of narcotics.
The charges for possession of crack can range based on how much an individual had in his or her possession during the arrest. Possession of crack ranges from a misdemeanor offense to a Class A-I felony. The more crack that is found on a person’s possession results in a higher charge. The most severe possession of crack charge can result in a life prison sentence.
criminal Possession of a Controlled Substance in the Seventh Degree
This is the least severe of offenses in terms of criminal possession of a controlled substance. With this charge, an individual faces up to one year in jail and a fine up to $1,000. For one to be charged with criminal possession of crack in the seventh degree, he or she must have less than 500 milligrams as stated in New York Penal Law 220.03.
criminal Possession of a Controlled Substance in the Fifth Degree
Individuals who are found with at least 500 milligrams of crack with be charged with criminal possession of a controlled substance in the fifth degree, which is a Class D felony. According to New York Penal Code 220.06, this charge can lead to a maximum prison sentence of seven years and a fine up to $5,000.
criminal Possession of a Controlled Substance in the Fourth Degree
For an individual to be charged with criminal possession of a controlled substance in the forth degree, he or she must have at least an eighth of an ounce of crack on his or her person. New York Penal Code 220.09 states that individuals convicted of this charge could face up to 15 years in prison as well as a 15,000 fine.
criminal Possession of a Controlled Substance in the Third Degree
This charge is a class B felony and can lead to a prison sentence of 25 years and a maximum fine of $30,000. Those charged with this offense will have at least a half of an ounce of crack in their possession.
criminal Possession of a Controlled Substance in the Second Degree
This charge is applicable to any individual who is found with at least four ounces of crack in their possession. This is a Class A-II felony and could result in a life sentence in prison as well as a $50,000 fine.
criminal Possession of a Controlled Substance in the First Degree
Those charged with this offense will face a Class A-I felony conviction. Those arrested with at least eight ounces of crack in their possession will face this charge. The penalties for this charge can result in a life prison sentence and a maximum fine of $100,000 as stated in New York Penal Law 220.21.
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