A drug possession crime in New York is a serious crime that can pretty dire consequences. If you add in intention to distribute, that makes it all the more serious. Generally drug dealers are charged with this crime. If you are caught with a small amount of drugs in your possession, officers will believe that it is for your own personal use. If you are found with a large supply of drugs, you will be charged with possession and intent to distribute. This is a serious felony that can net you decades in prison and a very hefty fine. If you are charged with possession of a drug with intent to deliver, you will need the assistance of a good drug lawyer. A lawyer will carefully look over your case and decide the best course of action.
Under the New York Penal Law, possession with attempt to distribute is a Class B Felony punishable with 1 to 9 years in prison. For some drugs, it depends on how much product you have in your possession. Under intent to sell, the following factors apply:
Law enforcement has ways of detecting whether or not you are selling drugs. Often times if you have a large sum of money in denominations of 10s and 20s, that will give the police that you had intent. If you have a history of drug charges or are in possession of drug paraphernalia, that can also go against you. If you find yourself in trouble with drugs, you need to find a drug attorney as soon as possible to give you counsel.
The prosecution will also do everything they can to establish that drugs were not for personal use but to distribute. They will rely on expert testimony from law enforcement to explain the process and street lingo associated with drug sales.
Intent to distribute can have a serious affect on a simple possession charge that initially misdemeanor. Once the intent to deliver is added on, you are looking at a Class B felony with up to 9 years in jail. A drug felony will have a tremendous impact on your life and family. This is why you need to do your research and find the best defense attorney for your case. The can devise a strategy to help you serve the least amount of time possible.
The system makes no distinction between intent to sell and actually selling. With either, you can receive a great deal of jail time. In some instances, a person who sells can go through a drug treatment program as outlined by the court. Once drug treatment is completed, the judge will determine whether it can be used to lighten the sentence.
In the state of New York, there is a multiple law enforcement effort to help take drugs of the street. The District Attorney’s Office, NYPD, Prosecuting Attorney’s Office and the United States Attorney’s Office all work in conjunction.
If you are in trouble with a drug charge, it is important that you find a good, experienced attorney with a proven track record in drug defense. It can make all the difference between you serving time in jail or copping a plea for a much lenient sentence.