What is the difference between drug possession and drug trafficking?

A possession charge means the police say you had a drug in your possession or control; some possession charges also allege intent to sell, which prosecutors may try to show through quantity, packaging, scales, or cash. A sale charge means they say you sold, gave, or offered or agreed to sell a drug to someone. Sale charges are always felonies. Whether the evidence actually shows intent to sell is often contested, and an experienced attorney can challenge it.

Can I get drug charges dismissed through a diversion program?

Judicial diversion (CPL Article 216) is available to many people charged with a class B, C, D, or E drug felony who have a substance use problem. The defendant usually pleads guilty first and then completes court-supervised treatment; on successful completion the judge can dismiss the charge or reduce it to a misdemeanor. Certain prior convictions bar entry unless the prosecutor consents. Attorney DeLuca can advise whether this option is available in your case.

What happens if drugs are found in my car during a traffic stop?

If drugs are found during a traffic stop, the legality of the search is critical to your defense. Officers need probable cause or your consent to search your vehicle. If the search was conducted illegally, any evidence found may be suppressed and the charges could be dismissed. Attorney DeLuca will investigate whether your rights were violated during the stop and search.

How does the quantity of drugs affect my charges?

Quantity is one of the most important factors. Any amount can support a misdemeanor possession charge, and once the weight crosses a set threshold for that drug, possession alone becomes a felony, even without proof of intent to sell. New York's weight thresholds and drug categories set the degree, from a class E felony up to a class A-I felony for the largest amounts.

Can I be charged with drug possession if the drugs weren't mine?

Yes. New York law treats you as possessing anything you have dominion or control over, such as items in your car, home, or belongings, even if someone else put them there. When drugs are found in a car, the law presumes that everyone in the car knowingly possessed them, with exceptions such as drugs concealed on one person. That presumption can be rebutted, and a defense attorney can challenge whether you actually knew about or controlled the drugs.

Defense attorney's private office, client consultations at DeLuca Law

Drug Crime Lawyer

Call Now To Speak With Me Immediately

518-245-9109 Free Consultation

Drug Charge Criminal Defense Attorney

Drug charges can range from simple misdemeanors to felonies that can lead to long prison sentences. New York State drug laws are extremely complex. Charges depend on the drug, the weight, whether a sale is alleged on or within 1,000 feet of school grounds, and whether prosecutors allege intent to sell. Regardless of the charge, you need a competent and experienced criminal defense attorney to protect your rights and help you get the most favorable outcome.

Call Attorney Andrew DeLuca today for a free consultation.

Request A Free Consultation

Request Your Free Consultation

Andrew will respond to you personally. Prefer to call? 518-245-9109

The Law Office of Andrew DeLuca represents individuals charged with a variety of drug charges including:

Cultivation or manufacturing of illegal drugs
Possession of illegal drugs
Possession of drug paraphernalia
Drug trafficking and distribution

Charges for Drug Possession and Distribution

Drug felonies in New York are sentenced under determinate sentencing laws. For a first-time felony drug offender, the class A-I charges of criminal possession or criminal sale of a controlled substance in the first degree carry a determinate sentence of 8 to 20 years. Operating as a major trafficker (Penal Law § 220.77) can carry life. A person with prior felony convictions faces higher maximums.

Other penalties include:

Violation
Class B misdemeanor
Class A misdemeanor
Class E Felony
Class D Felony
Class C Felony
Class B Felony
Class A-II Felony
Class A-I Felony

Drug Laws in New York State

Although New York State has a history of harsh drug laws, started under the Nelson Rockefeller administration, judicial diversion (CPL Article 216) now lets many people charged with a class B, C, D, or E drug felony, whether possession or sale, complete court-supervised treatment instead of prison. On successful completion the court can reduce the charge to a misdemeanor or dismiss it. Drug cases are often more complex than other criminal matters and require an attorney who is experienced in challenging confidential informant evidence.

Illegal Drugs

The most common drug offenses include sale or possession of cocaine, crack, ecstasy, fentanyl, heroin, illegally obtained prescription painkillers, LSD and marijuana. Possessing scales, packaging such as glassine envelopes or vials, or cutting agents is a crime (criminally using drug paraphernalia, Penal Law § 220.50) when the circumstances show they are meant for preparing or packaging narcotic drugs or stimulants for sale. It is a class A misdemeanor, and a second conviction is a class D felony (§ 220.55).

Potential Penalties

Drug Charge Levels in New York

Misdemeanor

Drug Possession

Up to 364 days in jail
Fines up to $1,000
Non-jail sentences such as probation or a conditional discharge are possible

Class D Felony

Possession or Sale

Up to 2.5 years (first offense)
Significant fines and surcharges
Felony criminal record

Class A-I Felony

Top-Weight Possession or Sale

Up to 20 years (first offense)
Mandatory minimum sentences
Possible forfeiture of drug proceeds and property

Need Help?

When you call you'll be connected directly to Mr. DeLuca, not a receptionist or junior associate.

518-245-9109 Free Consultation

“

Andrew is the real deal. Former public defender who actually knows how to try a case. He got my felony charge dismissed and I can’t thank him enough.

Robert G

Google Review

Drug Charge Defense, by Charge

New York charges drug cases under specific Penal Law sections, and the defense strategy differs by charge. The pages below cover the specific statutes, weight thresholds, and penalties for each.

Criminal Possession of a Controlled Substance

Misdemeanor through Class A-I felony, based on weight and substance

Criminal Sale of a Controlled Substance

Sale and intent-to-sell charges, always felonies

Criminal Sale of Marijuana

Unlicensed sale charges that survived legalization

Probation Violations

Positive tests and new drug arrests while on probation

Judicial Diversion: Treatment Instead of Prison

For many felony drug charges, New York’s judicial diversion program allows eligible defendants with a substance abuse problem to complete court-supervised treatment instead of serving a prison sentence. Complete the program and the court can reduce the charge or dismiss the case entirely. Eligibility and the terms of the deal are negotiated up front, and the decision to enter diversion has consequences that need to be weighed with counsel, because failing out of the program can leave you worse off than a negotiated plea. Whether diversion, drug court, or a straight defense is the right path depends on the evidence, your record, and the county your case is in.

Understanding New York’s Drug Schedules and Penalties

New York’s Public Health Law (§ 3306) lists controlled substances in Schedules I through V, but the Penal Law grades drug charges by the category the drug falls into, such as narcotic drug, narcotic preparation, stimulant, or hallucinogen, and by weight. Heroin, cocaine, and fentanyl are all treated as narcotic drugs, so the same weight thresholds apply to each. Attorney Andrew DeLuca can help you understand the specific charges against you and develop a strategic defense tailored to your situation.

Capital Region Drug Crime Lawyer

Most drug cases in this region start one of two ways: a traffic stop on the Northway or the Thruway, or an arrest in one of the cities. Where your case is heard shapes how it gets handled, and the county pages cover the local courts and patterns: Saratoga County, Warren County, and Montgomery County.

If you or a loved one has been charged with a drug related crime in Upstate New York including Saratoga Springs, Clifton Park, Ballston Spa, Glens Falls, Queensbury, Gloversville, Johnstown, or Amsterdam, then contact criminal defense attorney Andrew DeLuca for a free consultation. We will explore your options and establish a strategy to obtain the best possible results for your case.

Call now – (518) 245-9109 to request a free consultation.

Frequently Asked Questions

Drug Crime Questions

Experienced Representation In All Criminal Matters

Free Consultation Available Today

518-245-9109 Free Consultation