Drug trafficking is a serious offense in New York state. If you are caught with significant amounts of a controlled substance, the consequences can be severe and follow you around for the rest of your life. Being arrested is one thing, but a conviction can land you in jail for quite some time. This can cost you your job, future employment prospects, and even your friends and family. Beyond that, you could be looking at significant fines if convicted of certain drug trafficking laws, and this just compounds the need to have Bronx drug trafficking lawyers working on your behalf. You will want a lawyer that specializes in this area of the law. Continue reading to learn more about drug trafficking violations in New York.
Drug Trafficking and Distribution Laws in New York
To begin, one must understand that drug trafficking is a different crime than drug possession. To be convicted of trafficking drugs, the prosecutor will need to show that you have a certain amount of a controlled substance and that you were moving the drugs to be sold for financial gain. In addition, the severity of the crime, and corresponding penalties, is directly related to the type of drug you accused of trafficking. Heroin and cocaine, for example, will command stiffer penalties than if you are convicted of trafficking marijuana.
The law is pretty clear in the state of New York in regards to what constitutes a drug trafficking offense. There are basically three situations that can occur to result in such a charge, but you only need to be shown to fall under one of them. The first is that you are accused of being a director of an organization that is found to be selling a controlled substance that nets a minimum of $75,000 in a twelve month period. The second possibility is that you are accused of selling drugs at least one time where those drugs have a value of more than $75,000. The final possibility is that you are caught with drugs valued at more than $75,000 or more and it is believed that you had an intent to sell them.
Possible Penalties for a Drug Trafficking Conviction
There are actually quite a few different charges within the drug trafficking umbrella that an individual can be charged with. Each carries a different sentencing guidelines. However, it is important to note that all drug trafficking convictions are felonies in the state of New York, and all carry a mandatory prison sentence. A first time offense of drug trafficking in the fifth degree can result in between one to two and a half years in prison. The penalties go up from there as the severity of the crime and your criminal history increase. You will want a Bronx drug trafficking lawyer working on your case to get you as minimum a sentence as possible in the event that you are convicted.
If you are convicted of drug trafficking in the first degree, you are looking at a minimum of eight years and a maximum of twenty years in prison. This is if you are classified as a non-major drug trafficker. You will then be required to a five year post-release supervision. The prison sentence will increase to between twelve and twenty years for a second felony drug offense, and then 15 years to life for subsequent offenses after that.
Defenses to Consider When Charged With Drug Trafficking in New York
There are quite a few defenses to consider when charged with drug trafficking. Remember that you must be shown to have profited or directed an organization that is selling drugs. That profit must be significant and it must be proven. Your lawyer will look at the evidence and work to mount a defense in that direction. You might also have the defense that you were only in possession of the drugs, but that you had no intent to sell them.
How Can Bronx Drug Trafficking Lawyers Help You?
Bronx drug trafficking lawyers can help you in a number of ways. They will represent you at all of your court hearings and work to get you an acquittal or the charges reduced. Contact our office today.