Drug Charges

Drug charges are a serious matter in New York, and they can have severe consequences for those convicted. Whether you are facing charges related to drug possession, distribution, manufacturing, or trafficking, it’s essential to seek the help of an experienced criminal defense attorney who can provide guidance and representation throughout the legal process.

At Viscosi Law, we understand the complexities of drug charges and the impact they can have on your life. Our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and work to achieve the best possible outcome for your case.

Drug charges in New York can vary widely in severity, depending on the type and amount of drug involved and other factors, such as the defendant’s criminal history and the specific circumstances of the offense. Penalties for drug charges can range from fines and probation to lengthy prison sentences. In addition to the criminal penalties, drug charges can have long-lasting effects on your personal and professional life, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

At Viscosi Law, we understand the seriousness of drug charges and their impact on your future. That’s why we are committed to providing personalized, compassionate representation to each client. We will work tirelessly to investigate the facts of your case, identify any weaknesses in the prosecution’s case, and develop a strong defense strategy tailored to your specific needs and circumstances. Our goal is to achieve the best possible outcome for your case and protect your rights and interests every step of the way.

What is a Drug Charge

In New York, drug charges refer to criminal charges related to the possession, sale, manufacturing, or trafficking of illegal drugs or controlled substances. These charges are taken seriously by the criminal justice system, and the penalties for conviction can range from fines and probation to lengthy prison sentences.

Drug charges in New York are classified according to the type of drug involved and the severity of the offense. For example, possession of a small amount of marijuana may be considered a minor offense. In contrast, possession of a large amount of heroin or cocaine can result in more serious charges and penalties.

Some examples of drug charges in New York include criminal possession of a controlled substance, criminal sale of a controlled substance, drug trafficking, drug manufacturing, and drug paraphernalia. The penalties for these charges can vary widely depending on factors such as the amount and type of drug involved, the defendant’s criminal history, and the specific circumstances of the offense.

At Viscosi Law, our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and work to achieve the best possible outcome for your case. We understand the seriousness of drug charges and will fight to protect your future and your freedom.

Types of Drugs Charges

There are several types of drug charges in New York, which are classified based on the type and severity of the offense. Some common drug charges in New York include:

Criminal Possession of a Controlled Substance

Criminal Possession of a Controlled Substance is a serious drug charge in New York. This charge involves possessing illegal drugs or controlled substances, such as cocaine, heroin, methamphetamine, or prescription medications, without a valid prescription.

The severity of this charge depends on several factors, including the type and amount of the drug involved, the defendant’s criminal history, and the circumstances of the offense. Criminal possession of a Controlled Substance charge can range from a Class A misdemeanor to a Class A-I felony, with a mandatory minimum prison sentence of 15 years.

The penalties for Criminal Possession of a Controlled Substance in New York can include fines, probation, and lengthy prison sentences. In addition, a conviction for this charge can have long-lasting consequences, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

Criminal Sale of a Controlled Substance

Criminal Sale of a Controlled Substance is a serious drug charge in New York that involves selling, distributing, or transporting illegal drugs or controlled substances, such as cocaine, heroin, methamphetamine, or prescription medications. This charge can be brought against someone who sells drugs directly to others or who acts as a middleman in drug transactions.

The severity of this charge depends on several factors, including the type and amount of the drug involved, the defendant’s criminal history, and the circumstances of the offense. Criminal Sale of Controlled Substance charges can range from a Class B misdemeanor to a Class A-I felony, with a minimum prison sentence of 15 years.

The penalties for the Criminal Sale of a Controlled Substance in New York can include fines, probation, and lengthy prison sentences. In addition, a conviction for this charge can have long-lasting consequences, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

Drug Trafficking

Drug Trafficking is a serious drug charge in New York that involves distributing or transporting illegal drugs or controlled substances, such as cocaine, heroin, methamphetamine, or prescription medications. This charge can be brought against someone who transports drugs across state or national borders, or who distributes drugs to others through a network of dealers or middlemen.

The severity of this charge depends on several factors, including the type and amount of the drug involved, the defendant’s criminal history, and the circumstances of the offense. Drug Trafficking charges can range from a Class B felony to a Class A-I felony, which carries a mandatory minimum prison sentence of 15 years.

The penalties for Drug Trafficking in New York can include fines, probation, and lengthy prison sentences. In addition, a conviction for this charge can have long-lasting consequences, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

Drug Manufacturing

Drug Manufacturing is a serious drug charge in New York that involves creating or producing illegal drugs or controlled substances, such as methamphetamine or synthetic drugs. This charge can also include the possession of equipment and chemicals used in manufacturing.

The severity of this charge depends on several factors, including the type and amount of the drug involved, the defendant’s criminal history, and the circumstances of the offense. Drug Manufacturing charges can range from a Class C felony to a Class A-I felony, which carries a mandatory minimum prison sentence of 15 years.

The penalties for Drug Manufacturing in New York can include fines, probation, and lengthy prison sentences. In addition, a conviction for this charge can have long-lasting consequences, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is a drug charge in New York that involves the possession of equipment or materials used to consume, manufacture, or distribute illegal drugs or controlled substances. This can include items such as pipes, bongs, syringes, scales, and baggies.

The severity of this charge depends on several factors, including the type and amount of drug paraphernalia involved, the defendant’s criminal history, and the circumstances of the offense. Possession of Drug Paraphernalia charges can range from a violation to a Class A misdemeanor.

The penalties for Possession of Drug Paraphernalia in New York can include fines and possible imprisonment. In addition, a conviction for this charge can have long-lasting consequences, including damage to your reputation, loss of employment, and difficulty finding housing or securing loans.

Driving Under the Influence of Drugs

Driving under the influence of drugs, also known as drugged driving, is a serious offense in New York. It is illegal to operate a vehicle while under the influence of any drug that impairs your ability to drive safely, whether it is an illegal drug or a prescription medication.

The penalties for driving under the influence of drugs in New York are similar to those for driving under alcohol. A first offense can result in fines, license suspension, and imprisonment. Subsequent offenses can increase fines, longer license suspensions, and mandatory jail time.

Law enforcement officers may administer a field sobriety test or a drug recognition evaluation to prove that a driver is under the influence of drugs. They may also request a blood or urine test to determine the presence of drugs in the driver’s system.

How Common are Drug Charges in New York

Drug charges are relatively common in New York, as law enforcement agencies and prosecutors aggressively pursue drug-related crimes. The prevalence of drug charges can be attributed to several factors, including the state’s large population, its extensive transportation infrastructure, and its location along major drug trafficking routes.

According to the New York State Division of Criminal Justice Services, drug offenses accounted for approximately 21% of all arrests in the state in 2020. The most common drug offenses were Criminal Possession of a Controlled Substance in the Seventh Degree, followed by Criminal Possession of a Controlled Substance in the Fifth Degree.

While drug charges are common, not all drug charges lead to convictions. The outcome of a drug case depends on several factors, including the strength of the prosecution’s case, the evidence presented, and the effectiveness of the defense. Suppose you are facing drug charges in New York. In that case, it’s important to seek the help of an experienced criminal defense attorney who can provide guidance and representation throughout the legal process.

Possible Defenses for Drugs Charges

Working with an experienced criminal defense attorney who can build a strong defense strategy tailored to your specific case is crucial. Here is a list of possible defenses for drug charges:

Illegal Search and Seizure: If law enforcement conducted an unlawful search and seizure of your property or person, any evidence obtained might be inadmissible in court.
Lack of Knowledge: If you were unaware that the substance in question was illegal, you may have a valid lack of knowledge defense.
Lack of Intent: If you did not intend to possess or distribute illegal drugs, you may have a valid lack of intent defense.
Entrapment: If law enforcement coerced you into committing a drug-related crime, you may have a valid entrapment defense.
Duress: If you were forced to commit a drug-related crime under duress, you might have a valid duress defense.
Mistaken Identity: If you were wrongly identified as the perpetrator of a drug-related crime, you may have a valid mistaken identity defense.
Prescription Defense: If you had a valid prescription for the drugs in question, you might have a valid prescription defense.
Chain of Custody Issues: If there were issues with the chain of custody of the evidence against you, any evidence obtained may be inadmissible in court.
Insufficient Evidence: If the prosecution does not have sufficient evidence to prove that you committed a drug-related crime, you may have a valid insufficient evidence defense.

Can You Get Drug Charges Expunged in New York?

In New York, the process of expunging or sealing criminal records is very limited, and it does not include drug charges. Under current New York law, only certain low-level offenses, such as violations and some misdemeanors, are eligible for expungement.

Drug charges, including possession, trafficking, and manufacturing, are considered serious crimes and cannot be expunged from a person’s criminal record in New York. However, certain drug offenses may be eligible for alternative sentencing options, such as drug treatment or diversion programs, which can help individuals avoid a criminal record.

Don’t let a drug-related conviction impact your life for years to come. Contact Viscosi Law today to schedule a consultation and learn more about how we can help you with the expungement process. Our attorneys will provide you with the guidance and support you need to clear your criminal record and move forward with your life.

How Viscosi Law Can Help You with Drug Charges

Viscosi Law is a leading criminal defense law firm in Florida with extensive experience helping clients facing drug charges. If you or a loved one is facing drug charges in New York, working with an experienced criminal defense attorney who can protect your rights and build a strong defense strategy on your behalf is crucial. When you work with Viscosi Law, you can expect:

Comprehensive Legal Knowledge

Our attorneys are well-versed in New York’s drug laws and have a deep understanding of the legal system. We can help you understand the charges against you and the potential consequences of a conviction.

Thorough Investigation

In order to build a strong defense, we conduct a thorough investigation of the facts surrounding your case. We will carefully review all of the evidence against you and work to uncover any inconsistencies or weaknesses in the prosecution’s case.

Aggressive Advocacy

Our attorneys are skilled litigators who are not afraid to fight for your rights in court. We will vigorously advocate on your behalf throughout all stages of the legal process, from pretrial proceedings to trial and sentencing.

Strategic Negotiation

In some cases, it may be possible to negotiate a plea agreement or other favorable resolution to your case. Our attorneys are skilled negotiators who can work with the prosecution to seek the best possible outcome for you.

Compassionate Support

Facing drug charges can be a stressful and overwhelming experience. At Viscosi Law, we are committed to providing compassionate support to our clients throughout the legal process. We will be there to answer your questions, address your concerns, and provide guidance and support every step of the way.

Our attorneys understand the complexities of drug charges and are committed to providing aggressive and effective representation. We have a track record of success in representing clients facing drug charges in New York and are dedicated to securing the best possible outcome for your case.

At Viscosi Law, we take a personalized approach to each case, working closely with our clients to understand their unique circumstances and develop a defense strategy tailored to their specific needs. We have extensive experience challenging evidence, negotiating with prosecutors, and representing clients in court.

Don’t wait to seek legal representation if you face drug charges in New York. Contact Viscosi Law today to schedule a consultation and learn how we can help you fight your drug charges. Call us today!