Common Drug Crimes We Defend Against
We defend against a wide range of drug charges, including:
- Criminal Possession of a Controlled Substance in the Seventh Degree. This Class A misdemeanor involves knowingly possessing any amount of a controlled substance without legal authorization. It carries up to 364 days in jail (NY Penal Law § 220.03).
- Felony Criminal Possession of a Controlled Substance. These charges apply when the drug’s weight or evidence of intent to sell meets higher thresholds. They range from a Class D to a Class A-I felony, with up to 20 years in prison for a first offense at the highest level (§§ 220.06–220.21).
- Operating as a Major Trafficker. This charge targets people accused of leading a drug organization of four or more people, or profiting from a series of drug sales, when proceeds total $75,000 or more within a set period. This Class A-I felony is the most severe drug offense, carrying up to life in prison (§ 220.77).
- Criminal Sale of a Controlled Substance. “Selling” includes giving away or offering to sell a drug, even if no money changes hands. These charges range from a Class D to a Class A-I felony, depending on the drug and amount (§§ 220.31–220.43).
- Criminal Sale on or Near School Grounds. This Class B felony applies to sales within 1,000 feet of school grounds, among other locations. A first offense can carry up to nine years in prison (§ 220.44).
- Criminal Diversion of Prescription Medications. These charges involve transferring or selling prescription medications for an unauthorized purpose. They range from a Class A misdemeanor to a Class C felony, based on the value involved (§§ 178.10–178.25).
- Criminal Possession of Cannabis. Adults 21 and older may legally possess up to three ounces of cannabis in public. Possessing more than 16 ounces is a Class A misdemeanor, and more than five pounds is a Class E felony (§§ 222.30–222.35).
Defending Nurses, Pharmacists, & Physicians Accused of Drug Diversion
Healthcare workers face a distinct risk of drug charges. A discrepancy in an automated medication-dispensing cabinet, missing controlled substances, or incomplete waste documentation can lead to accusations of diverting medication. These cases often begin as internal audits before reaching law enforcement or licensing authorities.
The consequences can unfold on several fronts at once. Criminal charges may include possession of a controlled substance, criminal diversion of prescription medications, or falsifying business records. At the same time, nurses and pharmacists may face investigation by the NYSED Office of Professional Discipline, physicians by the Office of Professional Medical Conduct (OPMC), and suspension or termination from work.
Because our firm is highly recognized for representing healthcare providers and facilities, we understand the dual threat faced by hardworking professionals. Our attorneys can coordinate your criminal defense with your license defense from the start, and explore available confidential assistance programs when appropriate to protect your professional reputation and livelihood.
Why the Weight of the Drug Dictates the Severity of Your Charges
In New York, the severity of a drug charge depends largely on the weight of the substance, along with the type of drug and any evidence of intent to sell. There are six degrees of criminal possession, ranging from a Class A misdemeanor to a Class A-I felony.
For narcotics like heroin, fentanyl, or cocaine, 1/8 ounce or more can be a Class C felony, while four ounces or more can be a Class A-I felony. Weight is measured by aggregate weight, which isn’t limited to the pure drug, but includes the entire mixture, including cutting agents.
Even a small amount of a drug mixed with filler can push a charge into a higher degree. Because a fraction of an ounce can change the charge, the weight in your case deserves close scrutiny. Errors in testing or weighing may support a reduction to a lesser charge.
We review lab reports, scale calibration records, and whether packaging was properly excluded from the measurement to expose forensic inaccuracies and protect you from mandatory prison sentences tied to inflated drug weights.
Can I Be Charged for Drugs Found in a Shared Space?
Yes. State law allows prosecutors to charge individuals who never physically held the drugs. Under the “automobile presumption” in NY Penal Law § 220.25(1), drugs found in a vehicle are presumed to be knowingly possessed by everyone inside, with limited exceptions, such as when the drugs are concealed on one person.
Prosecutors may also rely on “constructive possession,” arguing that you had control over the area where the drugs were found, such as a shared apartment, dorm room, or bedroom. However, these theories can be challenged.
A jury isn’t required to accept the presumption, and evidence about who owned the vehicle, who had access to the space, and where the drugs were located may weaken the prosecution’s case. Our attorneys can investigate these details, challenge the legality of the search, and work to separate your role from those who were present.
Protecting Your Parenting Time When a Drug Charge Reaches Family Court
A narcotics arrest can create a ripple effect in your family life, especially if children were present during a traffic stop or home search. In these situations, law enforcement routinely alerts Child Protective Services (CPS), which can trigger a neglect petition under Family Court Act Article 10 and lead to serious custody challenges.
The lack of coordination between criminal and family court defense strategies can be a massive threat to a parent's rights. What we typically recommend at this stage is a unified approach that manages criminal exposure without making admissions that could jeopardize parenting time.
Because our practice includes family lawyers, we can provide the dual-track defense you need to move forward. By advocating for your freedom in criminal court while aggressively protecting your custody rights in family court, we provide a level of coordinated representation that few criminal defense firms provide.
Our Strategic Approach to Drug Crime Defense
Advocating for Treatment-Focused Outcomes When Addiction Drives a Drug Charge
Substance use is a health issue, not just a legal matter. Depending on the charge and your history, we may be able to pursue judicial diversion, treatment court, or another alternative to incarceration.
Challenging Unlawful Searches & Seizures
Many drug cases begin with a search. As of 2021, the odor of cannabis alone cannot justify a warrantless search under the Marihuana Regulation & Taxation Act (MRTA). We challenge unlawful searches in court by filing motions to suppress evidence.
Protecting Your Future Beyond the Courtroom
A conviction brings collateral consequences that threaten employment, housing, and educational opportunities. We structure our defense strategies to mitigate these long-term impacts and prioritize solutions that safeguard your overall livelihood.
Leveraging Appellate Law Experience
Crucial suppression rulings must be correctly preserved at trial to survive an appeal. By maintaining an in-house appellate practice, our attorneys provide the strategic foresight needed to protect your right to appeal a drug conviction.
Drug allegations demand a relentless legal strategy. Our trial-ready team is ready to defend your rights. Contact us online to discuss your case.
