New York City Drug Crimes Defense Lawyer
Full-Service Defense Lawn Firm for all Drug Charges
Have you been arrested for drug charges? Controlled substance offenses are particularly serious in New York. Illegal activities include charges for the possession, sale, and/or manufacturing of drugs, and if you’re convicted you could be looking at thousands of dollars in fines, years in jail, and more.
If you have been accused of a drug offense in New York, you cannot and should not face the criminal justice system alone. The Law Office of Yifei He, PLLC is here to make sure you don’t have to.
Contact our NYC drug crime attorney at (917) 451-5173 for a free and confidential consultation. We can also be reached via our online message form here.
Drug Crimes & Punishments in New York
Depending on the nature of the drug charges you are facing, you could be looking at anywhere from a $100 possession charge to lifetime imprisonment for trafficking.
Below, we break down some of the penalties for the possession and sale of controlled substances. However, it’s important to note that these crimes and penalties are subject to change depending on the type of controlled substance involved. For example, possessing marijuana is generally punished far less harshly than the breakdown detailed below.
Possession and/or Sale of Controlled Substances
- 1st degree drug possession and/or sale: This is a Class A-I felony. Defendants who are convicted will face 8-20 years in prison and up to $100,000 in fines.
- 2nd degree drug possession and/or sale: This is a Class A-II felony. Defendants who are convicted will face 3-10 years in prison and up to $50,000 in fines.
- 3rd degree drug possession and/or sale: This is a Class B felony. Defendants who are convicted will face 1-9 years in prison and up to $30,000 in fines.
- 4th degree drug possession and/or sale: This is a Class C felony. Defendants who are convicted will face 1-5.5 years in prison and up to $15,000 in fines.
- 5th degree drug possession and/or sale: This is a Class D felony. Defendants who are convicted will face 1-2.5 years in prison and up to $5,000 in fines.
- 7th degree drug possession and/or sale: This is a Class A misdemeanor. Defendants who are convicted will face up to 1 year in prison and up to $1,000 in fines.
If you have prior convictions on your record, the penalties for your current drug charges could be enhanced. The best way to protect yourself against harsh penalties and enhancements is by securing legal representation as early on in your case as possible.
With the exception of cases that involve selling a controlled substance to a minor, the law allows the court to impose alternative sentencing of up to one year in prison for Class B, C, D, and E felonies. In such cases, the court will consider the nature of the offense and the circumstances that led to it, along with the defendant’s moral character and criminal history (if applicable).
Alternative sentencing allows for more opportunities for reduced penalties. If we can prove that the proposed sentencing for your offense would be unduly harsh given your previous good standing, we may be able to opt for alternative sentencing. For example, we may be able to get someone accused of an A-II felony punishable by 3-10 years in prison a sentence of lifetime probation instead.
What Drug Charges Could Mean for Non-citizens
Drug charges are particularly serious if you are a non-citizen. According to the Immigration and Nationality Act (INA) Section 237, subsection 2(B), the United States Citizenship and Immigration Services Department (USCIS) has the right todeport you for offenses involving a controlled substance, such as marijuana. Moreover, they can also choose to deport you if they consider you to be a drug abuser or addict. Therefore, you need to be extra cautious when handling your case and fighting against your charges.
Under such circumstances, it is imperative that you align yourself with a defense lawyer who not only practices criminal law but who fully understands immigration law and the impact that one can have on the other. As an immigrant himself, Attorney Yifei He knows just how serious the allegations that have been made against you are. He is committed to helping noncitizens fight their drug charges not only to keep a clean criminal record but to maintain their status in the US.
The Law Office of Yifei He, PLLC Is On Your Side
If you or anyone you know has been arrested for drug charges, please contact an attorney experienced in immigration and criminal law for legal assistance. Failure to secure the right legal representation could result in a lot more than prison time and hefty fines. You could lose your status in the US!
Call our New York City drug defense attorney today to schedule a free initial consultation! We will review your case and discuss your options with you during a confidential meeting.