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 vary depending on the kind of drug involved, the total quantity of the substance found, if it was near public school grounds and also the overall intent – personal use vs distribution. Regardless of the charge, you need a competent and experienced criminal defense attorney to aggressively protect your rights and help you get the most favorable outcome.
Call Attorney Andrew DeLuca today for a free consultation.
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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 top charge, criminal possession of a controlled substance in the first degree, carries up to 20 years in prison; 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, New York now has an alternative sentencing program to prison. It may be made available for individuals who have a substance abuse problem and have been arrested for possession under class B, C, D, or E. By completing the program the judge may reduce your charges or even dismiss them. 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. The possession of drug paraphernalia such as syringes, crack pipes, and scales is also illegal and could lead to additional charges if there is evidence found that you have manufactured or trafficked the illegal drug.
Potential Penalties
Drug Charge Levels in New York
Drug Possession
- Up to 364 days in jail
- Fines up to $1,000
- May qualify for diversion program
Possession or Sale
- Up to 2.5 years (first offense)
- Significant fines and surcharges
- Felony criminal record
Top-Weight Possession or Sale
- Up to 20 years (first offense)
- Mandatory minimum sentences
- Asset forfeiture
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When you call you'll be connected directly to Mr. DeLuca, not a receptionist or junior associate.
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
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 classifies controlled substances into different schedules based on their potential for abuse and accepted medical use. These classifications affect the severity of the charges and penalties you might face. For instance, possession of a Schedule I substance like heroin carries more severe consequences than lower scheduled drugs. Knowing where your charges fall within these schedules is crucial. 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.
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