Put Our Defense Attorneys On Your Side When Facing Serious Drug Charges
Drug crimes are very serious and have very harsh penalties in New York, including severe prison sentences. Just possessing five kilograms or more of cocaine or one kilogram or more of heroin can trigger the charge of “intent to distribute,” which carries a mandatory minimum sentence of 10 years in prison. New York still has the Rockefeller Laws on the books, and even though they have been moderated somewhat over the recent years, they still call for extremely long sentences for possession and sale of modest amounts of narcotics. The sentences will be handed out by the type and amount of drugs the accused possesses.
You need aggressive personal representation if you are accused of a drug crime. Non-U.S. citizens can face deportation and removal, while others can lose their jobs and freedom without the right attorney behind them. If you’ve been charged with a drug offense, contact Powers Law, P.C., to discuss your case and learn how we can help. Our aggressive criminal defense attorneys have helped thousands of New York clients over the past several decades. We can help you too.
No Matter What You Were Charged With, We Are Ready To Assist You
At Powers Law, P.C., our lawyers can help guide you through the legal labyrinth of drug crimes charges, including those related to:
- Intent to deliver
- Prescription fraud
Even if your are under investigation and haven’t been formally charged yet, you can and should seek the advice of an attorney. The sooner you contact us, the more options we may be able to utilize on your behalf.
Factors Influencing Drug Charges And Sentencing
Type of drug and drug quantity are the two leading factors that determine charges. New York law classifies all drugs into five categories, or schedules, based on factors that include their potential for addiction and abuse as well as their recognized medical uses. Schedule I drugs, such as opiates, are considered the most dangerous and therefore carry the highest charges when possessed illegally, sold or trafficked. People charged in related to Schedule I drugs typically face felony charges.
Schedules II through V are considered less serious and often carry lighter potential sentences, but individual cases vary. Quantity of drug is also important. If a defendant is caught with a certain quantity of a drug, even if it is for personal use, prosecutors can charge them with intent to distribute.
State Vs. Federal Drug Crimes
Drug crimes can be charged at either state or federal level. It isn’t always immediately clear whether the state or federal government has jurisdiction, but a drug offense is likely to be charged federally when:
- You were arrested on federal property or by a federal law enforcement officer
- You were arrested with a large quantity of drugs
- There is proof or reason to believe that drugs crossed state lines
- There is a drug conspiracy charge and the conspiracy is thought to be large in scope
With any federal crime, the stakes are a lot higher. The U.S. government has better funding and broader investigative powers, and the sentences associated with conviction are typically much harsher. In either case, you need the help of an aggressive attorney like those at our firm. We can defend you in state or federal court, and we have significant experience in both venues.
Did Police Have The Right To Search?
We all have a constitutional protection against unreasonable search and seizure by law enforcement. Drug cases often test the limits of our Fourth Amendment rights, and police often conduct searches without a warrant or without being able to establish probable cause. As your attorneys, we will carefully investigate how police obtained the evidence against you. If your rights were violated, we can ask the court to suppress the evidence, meaning it could not be used to convict you.
Discuss Your Case With An Attorney For Free
Powers Law, P.C., serves clients throughout Suffolk and Nassau counties as well as all five boroughs of New York City. To schedule your free initial consultation, call our office in West Islip at 631-215-3442 or reach out online.