NYC Criminal Defense Lawyer Discusses Possession of Cocaine Charges
As an experienced New York cocaine possession lawyer, I have often defended clients who have been arrested for possession of cocaine.
Simple possession of cocaine is a misdemeanor punishable by jail time and fines.
You could receive a permanent criminal record without proper legal representation.
New York State did away in 2009 with the mandatory minimum sentences of the Nelson Drug Laws, that passed in 1973 and forever changed the American penal system. Even without mandatory minimum sentences, New York has some of the harshest laws controlling the possession and distribution of narcotics of any state in the Union. When charged with possession or distribution of a controlled substance, you will also face federal fines.
Possession or sale of cocaine and heroin are the most common narcotics charges in New York City.
Cocaine (Crack or Powder) Possession – NY
- Less than 500mg is a Class A misdemeanor punishable by jail time for 1 year
- 500mg or more is a Class D Felony punishable by jail time for 1-2.5 years (up to 4 for a subsequent offense, and up to 4.5 for a previous violent offender)
- 1/8 oz or more is a Class C Felony punishable by jail time for 1-5.5 years (8/9)
- ½ oz or more is a Class B Felony punishable by jail time for 1-9 years (12/15)
- 4 oz or more is a Class A-II Felony punishable by jail time for 3-10 years (14/17)
- 8 oz or more is a Class A-II Felony punishable by jail time for 8-20 years (24/30)
Cocaine (Crack or Powder) Sale – NY
- Less than ½ oz is a Class B Felony punishable by imprisonment for 1-9 years (12/15)
- ½ oz or more is a Class A-II Felony punishable by imprisonment for 3-10 years (14/17)
- 2 oz or more is a Class A-I Felony punishable by imprisonment for 8-20 years (15/30)
Cocaine Possession (Crack or Powder) – Federal
- First conviction: Max. 1 year in jail; min. $1,000
- Second Conviction: Min. 15 days – max. 2 years in jail; min. $2,500
- Third Conviction: Min. 90 days – max. 3 years; min. $5,000
Note that these penalties apply only to possession. Most prosecutors will impute “intent to distribute” for possession of even a small amount of cocaine.
Powder Cocaine Sale – Federal
- Less than 500g: Max. 20 years; max. $1 million
- 500g or more: Min 5 – max. 40 years; max. $2 million
- 5kg or more: Min 10 years – max. Life; max. $4 million
Note that these are penalties for first convictions without accounting for other circumstances.
Crack Cocaine Sale – Federal
- Less than 28g: Max. 20 years; max. $1 million
- 28g or more: Min 5 – max. 40 years; max. $2 million
- 280g or more: Min 10 years – max. Life; max. $4 million
Note that these are penalties for first convictions without accounting for other circumstances.
School Zone Drug Possession
The sale of most drugs is illegal in the State of New York, and the significance of drug-related crimes is far greater within or near a school zone. Because schools and their immediate environs are intended to be safe spaces, any breach of that safety can constitute criminal activity. If someone you know has been charged with the school zone drug possession or distribution, watch criminal defense attorney Carl Spector’s video below for more information. If you still have questions, contact our office to arrange a free confidential consultation.
In New York, if you are charged with school zone drug possession. also known as possession with intent to sell or distribute within a school zone, there are enhanced penalties, and these can be quite severe. Our office has handled cases like this in the past, and if you have any questions about your particular case or that of a family member or friend, contact our office for more information.
As a former New Jersey Municipal Prosecutor and a former New York City Prosecutor New Jersey criminal defense lawyer Carl Spector has unique experiences that few other attorneys can claim because he has viewed cases from both sides of the fence. And because of this experience, your chances of receiving a positive outcome can be greatly enhanced.
Have you or a loved one been charged with possession of cocaine in New York? Don’t settle for less than the best legal representation. Contact experienced New York cocaine possession lawyer Carl Spector for a free confidential consultation. Let his 30+ years of experience help you protect your freedom.
