New York Drug Crime Lawyer

Get an Experienced Former Prosecutor on Your Side

If you have been arrested or charged with a drug-related offense in New York City, it is essential to have an experienced attorney on your side. At The Law Offices of Mehdi Essmidi P.L.L.C., our drug crime defense attorneys are committed to protecting your rights and fighting to get the best possible outcome for you. Mehdi Essmidi, a former New York City Prosecutor, uses his knowledge of prosecution tactics to aggressively defend clients in drug crime cases.

Don’t face criminal charges alone – contact us for a free consultation with a top-rated drug crime attorney in New York City today.

What is a controlled substance under New York Law?

Under New York law, a controlled substance is defined as any substance listed in Schedules I, II, III, IV, or V of the New York State Controlled Substances Act. These schedules are categories of drugs based on their potential for abuse and their medical uses.

Schedule I drugs have a high potential for abuse and no currently accepted medical use, while Schedule V drugs have a low potential for abuse and a currently accepted medical use. Schedules II through IV contain drugs that have a lower potential for abuse and an accepted medical use, but also have a higher potential for abuse and dependence than Schedule V drugs.

New York Controlled Substance Laws

Criminal Possession of a Controlled Substance

Under New York law, it’s a crime to knowingly and unlawfully possess a controlled substance. The severity of the charges depends on the type and amount of the controlled substance involved and the defendant’s criminal history.

Criminal possession of a controlled substance can be charged as either a misdemeanor or a felony as outlined below:

Seventh Degree – Class A Misdemeanor
Fifth Degree – Class D Felony
Fourth Degree – Class C Felony
Third Degree – Class B Felony
Second Degree – Class A-II Felony
First Degree – Class A-I Felony

Criminal Sale of a Controlled Substance

Under New York law, it is a crime to knowingly and unlawfully sell, exchange, give, or dispose of a controlled substance to another person, or to offer or agree to do so. The severity of the charges depends on the type and amount of the controlled substance involved and the defendant’s criminal history.

Criminal sale of a controlled substance is generally charged as a felony as outlined below:

Fifth Degree – Class D Felony
Fourth Degree – Class C Felony
Third Degree – Class B Felony
Second Degree – Class A-II Felony
First Degree – Class A-I Felony
Sale In or Near School Grounds – Class B Felony
Sale to a Child – Class B Felony
Sale of a Prescription – Class C Felony
Operating as a Major Trafficker – Class A-I Felony

Manufacturing of a Controlled Substance

Under New York law, it is a crime to knowingly and unlawfully manufacture a controlled substance or possess the materials or equipment necessary to do so. The severity of the charges depends on the type and amount of the controlled substance involved and the defendant’s criminal history.

The charges associated with manufacturing a controlled substance can range from a misdemeanor to a felony as outlined below:

Possession of Precursors of Methamphetamine – Class E Felony
Possession of Methamphetamine Manufacturing Material in the Second Degree – Class A Misdemeanor
Possession of Methamphetamine Manufacturing Material in the First Degree – Class E Felony
Unlawful Manufacture of Methamphetamine in the Third Degree – Class D Felony
Unlawful Manufacture of Methamphetamine in the Second Degree – Class C Felony
Unlawful Manufacture of Methamphetamine in the First Degree – Class B Felony

Penalties for Drug Offense Convictions in New York

The penalties associated with a drug conviction can vary significantly based on the type of drug involved, the amount of drugs involved, and the defendant’s criminal history.

Penalties for a Drug Offense Conviction in New York can include any or all of the following:

Fines
Jail/Prison time
Probation
Driver’s license suspension or revocation
Community service
Mandatory drug treatment/rehabilitation programs

It is important to note that the penalties for a drug offense conviction can be enhanced if the offense was committed in a school zone or within 1,000 feet of a school.

How An Attorney Can Help Fight Your Drug Charges

An experienced criminal defense attorney can provide valuable guidance and representation throughout the legal process and may be able to help you achieve a more favorable outcome in your case.

Here are some ways in which an attorney may be able to help you if you’ve been charged with a drug-related crime:

Advise You on Your Legal Options

An attorney can explain the various legal options available to you, including plea bargains, diversionary programs, and trial.

Negotiate with the Prosecution

An attorney may be able to negotiate with the prosecution to reduce or dismiss the charges against you.

Challenge the Evidence

An attorney can examine the evidence against you and challenge its admissibility or sufficiency in court.

Represent You in Court

An attorney can provide skilled representation for you during court proceedings, including trial.

Common Defenses Against Drug Charges

There are several ways to successfully defend against drug charges in New York. Here are some of the most common defenses.

Illegal Search and Seizure

If the police conducted an illegal search or seizure of your home, car, or person and found drugs in the process, then any evidence obtained from that search cannot be used against you in court.

Entrapment

Entrapment occurs when law enforcement agents induce a person to commit a crime they would not have otherwise committed. This can be a valid defense if the evidence shows that you were entrapped by law enforcement.

Mistake of Fact

If you were not aware that you possessed drugs at the time of your arrest, then you may have a valid mistake of fact defense.

Lack of Knowledge

If the evidence presented at trial is not sufficient to prove that you had knowledge of the presence of drugs or knew that they were illegal, then you may be found not guilty.

Duress

Duress is a defense based on the claim that you were forced to commit a crime under threat of imminent harm. If this can be proven, then you may have a valid defense.

It is important to note that these defenses may not be applicable in all cases and the success of any defense will depend on the specific circumstances of the case.

FAQ

Is drug possession a felony in NY?

Drug possession can be charged as either a misdemeanor or a felony in New York depending on the type and amount of drug involved, as well as the defendant’s criminal history.

How long do you go to jail for drug possession in New York?

The length of jail time for a drug possession conviction in New York depends on the type and amount of drugs involved, as well as the defendant’s criminal history, but it can range from a few days to many years in prison.

Is Molly illegal in New York?

Yes, Molly (MDMA) is considered a controlled substance in New York, and as such, it is illegal to possess, manufacture, or distribute.

Hire an Experienced NYC Drug Crime Lawyer Today

If you or someone you know has been arrested and or charged with a drug-related crime in New York City, then it is important to contact an experienced and knowledgeable Drug Crime Attorney as soon as possible. At The Law Offices of Mehdi Essmidi P.L.L.C., we believe everyone deserves the best defense possible, and we are dedicated to protecting our clients’ rights and fighting for the best possible outcome.