Can You Be Arrested for Drug Possession in New York?

The short answer is YES - you can absolutely be arrested for drug possession in New York. While the state has been moving towards decriminalization, especially for marijuana, there are still strict laws on the books when it comes to possessing controlled substances. Getting caught with illegal drugs can lead to serious criminal charges that may impact your life for years to come.At Spodek Law Group, we understand how frightening and overwhelming it is to be facing drug charges. Our experienced New York drug crime attorneys have helped countless clients navigate these difficult situations. We're here to break down the current drug laws in NY and explain what you need to know if you or a loved one has been arrested for possession.

New York's Drug Possession Laws

Under the New York Penal Code, it is illegal to knowingly and unlawfully possess a controlled substance. Controlled substances are divided into five "schedules" based on their accepted medical use and potential for abuse and dependency:

Schedule I - Highly addictive with no accepted medical use (heroin, LSD, ecstasy)
Schedule II - High potential for abuse, but some medical uses (cocaine, meth, oxycodone)
Schedule III - Moderate to low potential for abuse (ketamine, anabolic steroids)
Schedule IV - Low potential for abuse (Xanax, Valium, Ambien)
Schedule V - Lowest potential for abuse, contains limited narcotics (cough medicines with codeine)

The severity of the charges you face for drug possession depends on a few key factors:

The type of drug
The quantity of the drug
Whether you have any prior offenses
If you intended to sell the drugs

Certain drugs like heroin and cocaine carry much harsher penalties than others. The larger the quantity in your possession, the more serious the charges as well. Having a prior drug conviction on your record also increases the stakes.Simple possession for personal use is generally a misdemeanor offense. But if prosecutors believe you planned to sell or distribute the drugs, you could be looking at felony charges - even for a small amount. Let's take a closer look at the potential penalties.

Penalties for Drug Possession in NY

Misdemeanor drug possession, for a first offense, carries the following maximum sentence:

Class A misdemeanor
Up to 1 year in jail
Fine up to $1,000

However, if you're found with larger quantities of drugs, you could face felony possession charges:

Class A-I felony - 8 to 20 years in prison, fine up to $100,000
Class A-II felony - 3 to 10 years in prison, fine up to $50,000
Class B felony - 1 to 9 years in prison, fine up to $30,000
Class C felony - 1 to 5.5 years in prison, fine up to $15,000
Class D felony - 1 to 2.5 years in prison, fine up to $5,000

As you can see, the penalties increase drastically for felony-level possession. Having more than a half-ounce of cocaine, for example, is a Class A-II felony carrying 3 to 10 years behind bars.It's important to note that "possession" doesn't necessarily mean the drugs were physically on you. Under the law, you can be considered in possession if the drugs were in your home, your car, or any area under your control. Constructive possession can apply even if the drugs weren't yours.

Defenses Against NY Drug Possession Charges

If you've been arrested for drug possession, you may feel like the deck is stacked against you. But remember, an arrest is not a conviction. You still have the right to defend yourself in court. Some common defenses against drug charges include:

Unlawful search and seizure. If the police violated your 4th Amendment rights in their search, any evidence they collected can be thrown out.
Lack of possession. Prosecutors must prove, beyond a reasonable doubt, that you knowingly possessed the drugs. If multiple people had access to the area where drugs were found, possession can be difficult to pin on you.
Crime lab analysis. The alleged substance must be tested in a crime lab to prove it is in fact an illegal drug. Demanding this analysis can sometimes get charges dismissed.
Entrapment. If you only possessed the drugs because you were induced by the police to commit a crime you otherwise wouldn't have, entrapment may apply.
Temporary innocent possession. If you possessed the drugs only temporarily, with the intent to turn them over to law enforcement, you may have an affirmative defense.

Every case is unique. At Spodek Law Group, we'll thoroughly investigate the facts and build the strongest possible defense for your individual situation. Our goal is always to pursue the most favorable outcome, whether that's getting the charges dropped, securing an acquittal at trial, or negotiating a plea to a lesser offense.

What To Do If You're Arrested for Drug Possession in NY

Any drug arrest is a serious matter with potentially life-altering ramifications. If you find yourself in this frightening situation, here are some key steps to take:

Exercise your right to remain silent. Do not discuss your case with the police or anyone else besides your attorney. Anything you say can be used against you.
Contact an experienced drug crime lawyer immediately. The sooner you have legal representation, the better your chances of a positive resolution.
Avoid discussing your case with others. Don't talk about the details of your arrest, even with close friends or family. You never know how it could come back to hurt you.
Show up for all court dates. Missing a required court appearance can result in a bench warrant for your arrest. Your attorney can ensure you know where and when to be in court.
Comply with any court orders. If you're released on bail or your own recognizance, follow any conditions the judge sets, such as drug testing or travel restrictions. Violating these terms can land you back in jail.

Being arrested for drug possession is undoubtedly scary. But you don't have to face these charges on your own. With a skilled criminal defense lawyer by your side, you can ensure your rights and freedoms are protected.

How Spodek Law Group Can Help

At Spodek Law Group, we have a track record of successfully defending clients against all types of drug charges in New York. We understand the ins and outs of the criminal justice system and know how to build a winning defense. Our attorneys will:

Carefully review the facts of your case
Identify any weaknesses in the prosecution's evidence
Interview witnesses and gather evidence to support your defense
Negotiate with prosecutors for a dismissal or reduction in charges
Vigorously defend your rights at trial if necessary
Explore all available options, including drug court and diversion programs

We know that your future is on the line. That's why we'll fight tirelessly to secure the best possible outcome in your case. Our drug crime lawyers are available 24/7 to take your call. We offer free and confidential consultations, so you can discuss your case with an attorney and get the answers you need.Don't let a drug possession arrest derail your life. Contact the experienced legal team at Spodek Law Group today at 212-300-5196 or visit us online at https://www.federallawyers.com. Let us put our skills and resources to work for you.