Facing Felony Drug Charges in New York? Here’s What You Need to Know
Felony drug charges can drastically impact your life, leading to severe consequences including lengthy prison sentences, hefty fines, and a permanent criminal record. If you or a loved one are facing these serious allegations in New York, understanding your rights and the legal process is critical. Viscosi Law, led by experienced attorney Michael Viscosi, is here to guide you through this challenging time. In this article, we will explore essential steps you should take if you’re facing felony drug charges in New York.
Understanding Felony Drug Charges
What Are Felony Drug Charges?
Felony drug charges encompass a wide range of offenses related to the illegal possession, sale, or distribution of controlled substances. In New York, these charges are classified into different categories, with penalties varying based on the type and quantity of drugs involved.
When Do Drug Possession Charges Become Felonies?
In New York, simple possession may be classified as a misdemeanor or not a crime at all. However, possession of certain quantities of illegal substances can escalate the charges to felony levels. For instance, possessing just half an ounce of a narcotic preparation can be charged as a Class D felony under New York Penal Law §220.06. The penalties become more severe as the amount of the drug increases, with Class A-1 felonies carrying mandatory minimum sentences.
Is Selling a Controlled Substance a Felony?
Selling controlled substances is always treated as a felony in New York. According to New York Penal Law §220.31, the sale of any controlled substance is classified as a Class D felony. Like possession charges, the severity of the selling charges increases based on the type and amount of the drugs involved. For instance, selling narcotics or methadone automatically elevates the charge to a Class C felony.
Immediate Steps to Take After Facing Felony Drug Charges
Hire an Experienced Attorney
One of the most crucial steps you can take after being charged with a felony drug offense is to hire a skilled attorney. Michael Viscosi at Viscosi Law has extensive experience in criminal defense and can provide the guidance you need during this stressful time. An attorney can analyze your case, advise you on the best course of action, and protect your rights throughout the legal process.
Understand the Charges Against You
Understanding the specifics of your charges is vital. Different types of drugs and quantities have different legal implications. Your attorney can help clarify the charges and potential penalties you face.
Do Not Speak to Law Enforcement
It’s essential to remember that anything you say to law enforcement can be used against you. Avoid discussing the details of your case without your attorney present. It’s your right to remain silent until you have legal representation.
Gather Evidence and Documentation
Collect any evidence or documentation related to your case. This may include witness statements, texts, emails, or anything else that could support your defense. Share this information with your attorney as it could be critical to your case.
Defense Strategies for Felony Drug Charges
Challenging the Legality of the Search and Seizure
Many drug possession cases hinge on the legality of how law enforcement obtained the evidence. Under the Fourth Amendment, police must have probable cause and, in most cases, a warrant to search your property or person. If your rights were violated during the search, your attorney may be able to have the evidence suppressed, which could lead to a dismissal of your charges.
Establishing Lack of Knowledge or Intent
In some cases, defendants may not have been aware that drugs were present or that they were in possession of them. If you can prove that you did not know about the drugs or did not intend to possess them, it could significantly strengthen your defense.
Exploring Diversion Programs or Plea Deals
Depending on the circumstances of your case, your attorney might suggest entering a diversion program or negotiating a plea deal. Diversion programs allow defendants to undergo treatment or counseling instead of facing jail time, while plea deals can sometimes result in reduced charges or sentences.
The Importance of Viscosi Law in Your Defense
A Track Record of Success
Viscosi Law has a proven track record in handling felony drug charges and other criminal offenses. Michael Viscosi’s extensive background in criminal law, including experience as an Assistant District Attorney, gives him unique insight into both prosecution and defense strategies. He is dedicated to providing aggressive representation for his clients, ensuring their rights are protected every step of the way.
Personalized Attention
At Viscosi Law, every client receives personalized attention tailored to their unique situation. Michael Viscosi takes the time to understand the specifics of your case, your concerns, and your goals. This level of commitment is crucial in navigating the complexities of felony drug charges.
Frequently Asked Questions
What are the potential penalties for felony drug charges in New York?
The penalties for felony drug charges in New York can vary widely based on the type of drug, the amount, and the specific circumstances of the case. Penalties can include imprisonment, fines, mandatory drug treatment programs, and a permanent criminal record.
How long do I have to fight my felony drug charges?
In New York, the statute of limitations for felony drug charges is generally five years. However, it’s crucial to start your defense as soon as possible to ensure you have adequate time to build a strong case.
Can I appeal a felony drug conviction?
Yes, if you are convicted of felony drug charges, you have the right to appeal the conviction. An experienced attorney can help you navigate the appeals process and determine if there are valid grounds for your appeal.
If you or someone you know is facing felony drug charges in New York, don’t hesitate to take action. Contact Viscosi Law today for a consultation with Michael Viscosi, Esq. With his extensive legal expertise and commitment to defending your rights, you can rest assured that you have a strong advocate on your side. Call +1 (518) 762-0011 or visit Viscosi Law to learn more about your options. Protect your future by seeking the legal representation you deserve.
