Narcotics Charges in New York - Third Degree Criminal Possession

There are many reasons why you could find yourself in the middle of a narcotics case in the state of New York. You could be a potential witness, you could be involved in a family law case including domestic violence or drug charges, or you could be the person who was caught directly with narcotics, selling narcotics, or using narcotics ingredients or paraphernalia. One thing is for certain. Every narcotics crime in New York will be seriously prosecuted by the district attorney and could come with jail time and other penalties. It's important to hire a New York drug crimes lawyer who is experienced in these kinds of drug cases, and ready to fight aggressively on your behalf.

Criminal Possession of a Controlled Substance in the Third Degree

According to the New York State Penal Code § 220.16, the criminal possession of a controlled substance in the third degree is classified as a Class B felony. As a felony, it comes with multiple years of jail time and other penalties.

Ways You Can Face Third Degree Charges

There are different ways that a defendant could receive a narcotics charge at the third degree. You could be a person who possesses the drug with intent to sell it. You could be a person who is in possession ofa stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been convicted of an offense defined in Article 220.

Understanding Narcotics Charges in New York

There are different types of substances which count as narcotics, see the second item listed above. Each type of drug is not legally allowed to be in your possession or sold to others. You need to find attorneys like the Spodek Law Group who have decades of experience. And they specialize in defending accused individuals for narcotics criminal cases throughout the New York State court system. Many successful defense attorneys like ours has also worked on the prosecutor side of the courtroom, and they have valuable experience which helps them with understanding narcotics cases. We are experts in determining how best to dispute each criminal charge. If you know that you're presently being investigated by the District Attorney's office, you know that you need aggressive lawyers on your side who want you to protect your freedom and ensure that due process is served in this case. When we take on a criminal case, we seriously care about your future ability to live, and work where you want and to enjoy all of your civil liberties. Please contact us for more information about fighting these narcotics drug charges in New York.

Building Your Defense for a Narcotics Charge

Remember, narcotics are illegal substances. Including these types of drugs: Opiates. Opiate derivatives. Hallucinogenic substances. Depressants. Synthetic cannabinoids. Stimulants. The definition of all substances which are considered to be narcotics are found in Section 3306 of the New York Public Health Law. These drugs have common names and chemical names. Many drugs also contain certain components which are illegal or at least controlled, such as grams of codeine or morphine. It is actually the chemical composition of drugs, sometimes even by percentages or milligrams of specific ingredients, which make them qualify for drug charges.

Don't Damage Your Narcotics Case

It's important that you don't give out any statements to law enforcement, prosecutors, or even inmates that coud potentially damage your case. Keep your opinions about the case to yourself and look for a qualified legal advisor. We recommend that you find someone who has tried many drug cases, not traffic offenses or or other minor crimes. You want to hire an aggressive law firm which is committed to understanding the specifics of each narcotics charge. We work hard to get the bogus cases dismissed, and to work out plea deals or wage successful defenses for other clients facing serious felony convictions. We invite you and your family to speak to us today about how to defend your legal rights as a person accused of a narcotics crime in New York. If you don't find the right legal practitioner, then you could face jail time, thousands of dollars in fines, and find it hard to find a job or a new residence when you finish your incarceration.

Types of Narcotics Offenses in New York

New York categorizes drug possession charges into varying degrees based off the type, and quantity of drugs involved. The charges range from seventh degree (misdemeanor) to first degree (Class A-I felony). Each degree carries different penalties.

Possession vs. Intent to Sell

There's a significant difference between simple possession and possession with intent to sell. Intent to sell charges is typically based on factors like: The quantity of drugs found. Presence of packaging materials. Large amounts of cash. Text messages or communications about drug sales. And scales or other drug distribution equipment. Due to these charges carry much harsher penalties, it's critical to challenge the prosecution's evidence regarding intent.

Potential Defenses Against Narcotics Charges

An experienced narcotics defense attorney will examine every aspect of your case to identify potential defenses. Including: Illegal search and seizure. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. Lack of possession. The prosecution must prove you knowingly possessed the drugs. Lack of intent to sell. For charges involving intent to sell, the prosecution must prove this intent beyond a reasonable doubt. Chain of custody issues. Any break in the handling of evidence can be grounds for dismissal. And entrapment. If police induced you to commit a crime you wouldn't have otherwise committed.

Challenging Forensic Evidence

Free Consultation

Need Help With Your Case?

Our experienced attorneys are standing by to help. Get a free, confidential case evaluation.

• ✓ 100% Confidential
• ✓ Response Within 1 Hour
• ✓ No Obligation Consultation

Or call us directly: (888) 291-1365

Get Your Free Consultation →

Your attorney will scrutinize how the drugs was tested, and analyzed. Crime lab errors, contamination, or improper testing procedures can all be grounds to challenge the evidence. In many cases, the prosecution's case is based off lab results which may be flawed.

Consequences of a Narcotics Conviction

A narcotics conviction carries consequences which extends far beyond prison time. You may face: Mandatory minimum sentences for certain quantities. Substantial fines and court fees. Loss of professional licenses. Difficulty finding employment. Ineligibility for public housing, and student loans. Immigration consequences if you're not a U.S. citizen. And permanent damage to your reputation. Federal charges is even more serious. Due to they involve violations of federal law and carry longer mandatory minimum sentences.

Why Experience Matters in Narcotics Cases

Narcotics cases is complex and require an attorney who: Has extensive experience defending drug charges. Understands the scientific, and legal issues involved in drug testing. Has relationships with prosecutors, and judges in your jurisdiction. Previously worked as a prosecutor and understands their tactics. Can identify constitutional violations, and procedural errors. Will fight aggressively to protect your rights and freedom. The prosecution has significant resources. You need a defense team which can match their efforts, and challenge their case at every turn.

The Importance of Acting Quickly

If you're under investigation or has been charged with a narcotics offense, time is critical. Early intervention by an experienced attorney can: Prevent you from making statements which could incriminate you. Preserve evidence which may be helpful to your defense. Begin negotiating with prosecutors before charges is formally filed. Identify weaknesses in the prosecution's case. And develop a comprehensive defense strategy. Don't try and wait to seek legal counsel. The stakes is too high.

Contact a New York Narcotics Defense Lawyer

If you or a loved one has been charged with criminal possession of a controlled substance in New York, contact Spodek Law Group immediately. We has decades of experience defending clients against narcotics charges throughout New York State. We understand the complexities of drug cases, and we provide aggressive representation which protects your rights. Don't try and face these serious charges alone. Let our experienced criminal defense team stand with you. We know how to challenge the prosecution's evidence, negotiate favorable plea deals, and fight for your freedom at trial. Call us 24/7 for a free consultation. Your future, your freedom, and your civil liberties is too important to leave to chance.