Criminal Defense Lawyers

Queens Drug Crime Lawyers Explain Possession Charges and Penalties

Queens Drug Crime Lawyers Explain Possession Charges and Penalties

Dealing with a drug possession charge in Queens can be an overwhelming and scary experience. As your friendly neighborhood Queens drug crime lawyers, we totally get it – the legal system is complicated and confusing. You’re probably freaking out wondering what’s going to happen next. We would be too!This article will give you a quick rundown on the basics of drug possession charges in Queens, potential penalties, and how an experienced criminal defense lawyer can help. We’ll keep it real with you using simple terms a high schooler could understand. Our goal is to educate and support you during this difficult time.

Overview of Drug Possession Laws in Queens

In New York, drug possession charges range from misdemeanors to felonies depending on three factors:

• The type of drug
• The amount of the drug
• Your criminal history

Some common drugs you can be charged with possessing in Queens include marijuana, cocaine, heroin, ecstasy, LSD and illegally obtained prescription medications.The potential penalties get harsher as the drug type gets more serious and the amounts increase. For example, first-time misdemeanor marijuana possession under 25 grams has lighter penalties than felony cocaine trafficking charges.

Possession of a Controlled Substance in the 7th Degree

This is the lowest level drug possession charge in NY, applying to small amounts of milder substances like marijuana. It’s a class A misdemeanor punishable by up to 1 year in jail.To face this charge, you need to knowingly and unlawfully possess:

• A controlled substance (marijuana, cocaine, LSD, etc.)
• In an amount less than what would constitute 7th degree criminal possession
• Without a valid prescription for it

So for marijuana, less than 25 grams would likely lead to a 7th degree possession charge. More than that starts entering felony territory.

Criminal Possession of a Controlled Substance in the 5th and 4th Degrees

As you move up from a 7th degree charge, the substances get more serious and the amounts increase.You can face 5th degree charges for possessing substances like:

• Cocaine – 500+ mg
• LSD – 1+ mg
• Ecstasy – 1,000+ mg

Or 4th degree charges for:

• Cocaine – over 1/8 ounce
• LSD – over 5+ mg
• Ecstasy – over 5,000+ mg

Penalties can include multiple years in prison.These charges often apply to small-scale dealers and people with serious drug dependencies. The key is possessing amounts that exceed personal use.

Criminal Possession of a Controlled Substance in the 3rd and 2nd Degrees

Now we’re entering serious felony territory that applies to drug dealers and traffickers moving large quantities:

• 3rd degree charges involve possessing between 1/8 ounce and 4 ounces of substances like heroin, LSD, or stimulants like methamphetamine. That can mean 2-15 years in prison.
• 2nd degree charges apply to even larger amounts – 4+ ounces of illegal stimulants or hallucinogens. Or 1+ pounds of depressants like heroin or opioids. We’re talking 5-30 years behind bars.

These cases often involve additional distribution and conspiracy charges that can lengthen prison sentences. The stakes are extremely high.

Criminal Possession of a Controlled Substance in the 1st Degree

This charge is reserved for major drug kingpins caught moving the most serious narcotics in huge quantities:

• 10+ pounds of heroin, opioids, methadone or cocaine
• 57+ pounds of marijuana
• 4+ pounds of methamphetamine

We’re talking Scarface-level distribution. 1st degree possession brings 8-20 years in prison, potentially more with other charges stacked on top.

Penalties and Sentencing Guidelines

The potential fines, fees and jail/prison sentences get more severe as possession charges increase from misdemeanors to felonies.Sentencing also depends heavily on your:

• Criminal history
• Defense lawyer’s negotiations
• Ability to complete court-ordered drug treatment programs

First-time offenders with no violent background often get more leniency than repeat offenders facing new charges.Judges can exercise discretion, but mandatory minimum state sentencing guidelines often tie their hands – especially for large-scale possession.

Finding the Right Queens Drug Crime Lawyer for Your Case

If you or a loved one is facing drug possession charges in Queens, finding an experienced criminal defense lawyer is critical. The legal system is stacked against defendants – having a tough litigator on your side helps even the odds.Look for Queens drug crime lawyers with a proven track record of getting charges reduced or dismissed pre-trial. This saves you from excessive penalties down the road.Trusted law firms like Jennifer and Associates have defended thousands of drug cases in Queens and know how to negotiate with judges and prosecutors. Their lawyers will aggressively defend your rights at every stage.A dedicated drug crimes lawyer will also help maximize your chances of getting into diversion programs like drug court. This allows you to avoid jail time through supervised probation and mandatory drug counseling.

Drug Court Diversion Programs in Queens

Queens has special criminal courts and DA programs specifically for drug-related offenses. The goal is rehabilitation over punishment.By pleading guilty and entering a rigorous drug treatment program, you may able to get the charges dismissed or reduced upon successful completion. Programs typically last 6-12 months.Requirements involve counseling, community service, frequent drug testing and weekly progress hearings before a dedicated judge. It’s strict monitoring – but beats years in prison.An experienced possession lawyer will advise if you are eligible and could benefit from the program. If so, they’ll work to get you enrolled.

Next Steps If You or a Loved One Is Facing Possession Charges

Getting arrested for drug possession feels overwhelming but try to stay calm. Here are some next steps:

• Cooperate politely during the arrest, but say nothing else to police without your lawyer
• Hire a Queens criminal defense lawyer ASAP to start building your case
• Follow their advice carefully throughout the legal process
• Consider drug court diversion if you qualify

With an aggressive defense lawyer in your corner, you can maximize your chances of a positive outcome. We wish you the very best and encourage you to stay hopeful!

Resources

• How Long Do Drugs Stay in Your System?
• New York Drug Possession Laws Explained
• Success Stories from Queens Drug Court