Drug Crimes Lawyer in New York

Controlled substances are drugs regulated by state or federal law due to their potential for abuse or harm. This includes illegal drugs like heroin and cocaine, as well as certain prescription medications and chemicals. The possession, use, or distribution of these substances without proper authorization can lead to criminal charges, generally categorized under the umbrella of “drug crimes.” 

Every state has its own laws prohibiting the use and possession of controlled substances. As we’ll explain below, the federal government has placed affected drugs into five classifications that determine the penalties associated with each drug. If you are charged with a drug crime on a federal level (rather than a state level), you will likely face a more serious punishment, as federal drug crimes are typically considered felonies.

Controlled substances are divided into five categories (known as schedules) based on their medical use and potential for abuse. This process has been in place since 1970, when the Controlled Substances Act was mandated by the US government. Drug schedules in the United States include:

• Schedule I – Drugs with a high potential for abuse and no accepted medical use. These drugs cannot be prescribed, dispensed, or administered. Examples include heroin and LSD. It is important to note that a drug can still be treated as a Schedule I substance even if it is not explicitly listed within that schedule. 
• Schedule II – Drugs with a high abuse and/or dependence potential, but that have an accepted medical use. Examples include fentanyl, oxycodone, and methamphetamine. If prescribed for medical use, these drugs cannot be refilled at a pharmacy.
• Schedule III – Drugs with high abuse potential, but less severe potential than Schedule II drugs. Examples include anabolic steroids and ketamine. 
• Schedule IV – Drugs with an abuse potential less than Schedule II but more than Schedule V. These include drugs like diazepam and tramadol.
• Schedule V – Medications with the least potential for abuse among the controlled substances. Schedule V drugs include certain prescription medications, like cough syrups containing codeine.
  

Drug possession is the ownership of some amount of illegal drugs for personal use. Drug possession charges and punishments vary depending on the specifics of the case, such as the schedule the drug is included under. Drug trafficking is a more serious charge – it involves the transportation, sale, or distribution of illegal substances. Penalties for drug trafficking are often severe and include significant fines and jail time. Laws differ from state to state, but in general, both drug trafficking and drug possession with the intent to distribute are considered felony offenses. Certain aggravating factors such as the involvement of a person under 18 or the use of a firearm can lead to even harsher penalties.

In New York and New Jersey, drug crimes are classified based on factors like the type and amount of the drug, the intent (possession vs. trafficking), and any previous convictions. Generally, possession can be charged as a misdemeanor or felony, while trafficking is often classified as a felony, carrying more severe penalties.

In New York, minor possession of less dangerous drugs can be handled through a citation and a related fine. NY also has specific charges related to the possession of marijuana. Drug charges in New Jersey are classified by degree – which is influenced by the type and amount of drug found in your possession, along with other factors. Drug crime classifications can be elevated in any state if the possession charge is accompanied by evidence that you intended to distribute the possessed drug.

Penalties for drug possession vary depending on the amount and type of drug, and whether it’s a first-time or repeat offense. Consequences may include fines, probation, community service, or jail time. In some cases, possession with intent to distribute can result in felony charges and a longer prison sentence.

In New York, drug crimes at a state level can range from a mere violation to a Class A-I felony with a maximum sentence of life in prison. The lowest drug offense in NJ  – a disorderly persons offense charge – can result in up to 6 months in county jail and $1,000 in fines, while a first-degree charge can carry a maximum sentence of life imprisonment. Those in NY and NJ can also be charged with “simple possession” of controlled substances – where a smaller amount of drugs was discovered in someone’s possession.

In some cases, completing a court-approved drug rehabilitation program can lead to reduced charges or alternative sentencing, such as probation instead of jail time. This depends on the case’s specific circumstances, including whether or not it’s the person’s first offense.

In New York, Drug Treatment Court is an alternative sentencing program for those charged with non-violent drug crimes. If you are eligible for the program, your charges may be reduced or dismissed following its successful completion. New Jersey offers Drug Diversion Programs with the goal of keeping juveniles and young adults with substance abuse problems out of jail. Qualifying offenders often see their charges dismissed after completing a diversion program. Such programs are normally available to those facing a nonviolent drug charge for the first time.

Yes, a drug conviction can affect your ability to secure employment, qualify for professional licenses, or gain admission to certain educational institutions. Many employers and schools conduct background checks, and a criminal record may impact your future opportunities. In fact, a prior drug conviction may result in immediate disqualification from certain job opportunities. 

If you have been charged with a drug crime of any kind, it is essential that you receive the right legal guidance in order to limit the charge’s impact on your future.

You should absolutely hire a lawyer if you are being charged with a drug crime. Drug charges can carry serious consequences, and having the assistance of an experienced criminal defense lawyer like Mario Gallucci can help tremendously. 

Using over 3 decades of experience in criminal defense and litigation, Mario Gallucci will help protect your rights, minimize penalties, and work towards a positive outcome for your case. He is dedicated to protecting each of his clients’ principles and integrity through personalized, thorough legal service that takes all the details of your case into account. If you or someone you know is facing a drug charge, don’t wait – contact The Gallucci Law Firm for the legal defense you deserve today.