If you are facing charges for drug possession with intent to distribute in New York, it’s crucial to have an experienced Rockland County Drug Possession Attorney on your side. New York State takes drug possession charges very seriously, and a conviction can drastically affect your future. Please continue reading as we explore what constitutes possession with intent to distribute in New York and how our legal team can effectively represent your interests.
How is Possession With Intent to Distribute Defined in New York?
In New York, possession with the intent to sell, which is the state’s version of intent to distribute, is codified in New York State Law 220.16, which stipulates a person is guilty of criminal possession of a controlled substance in the third degree when they knowingly or unlawfully possess:
- A narcotic drug with the intent to sell it.
- A stimulant, hallucinogen, or lysergic acid diethylamide (LSD), with intent to sell it after previously being convicted of an offense outlined in article 220 or the attempt or conspiracy to commit any such offense.
It’s important to note that the type and amount of drugs in your possession will determine whether you are found guilty of this offense. For example, a conviction may result from possessing one or more grams of a stimulant, one milligram of LSD, or 25 milligrams or more of a hallucinogen.
While possessing illegal drugs is a serious crime, the “intent to distribute” can enhance the charges to a more serious level, often leading to harsher consequences. This essentially means that you possessed the drugs intending to sell or give them to someone else. Several factors suggest an intent to distribute, including:
- The quantity of drugs involved: Possessing a larger amount of drugs suggests that the drugs are not intended solely for personal use.
- Packaging: Interpreted as evidence of preparation for sale.
- Presence of drug paraphernalia: Possessing items such as scales, baggies, or a substantial amount of cash can be perceived as evidence of drug distribution.
- Communication: Any text messages, phone calls, or observed behavior that could indicate a drug transaction could be used as evidence.
What Are the Potential Penalties?
The penalties associated with this offense can be severe. This offense is typically considered a class B felony as a first offense. This means you can be subjected to the following consequences upon conviction:
- Between one and nine years in prison
- Up to $30,000 in fines
- Probation
It’s important to note that along with a lengthy prison sentence, hefty fines, and probation, you will face a permanent criminal record and the loss of certain liberties. The specific penalties you can be subjected to will depend on various factors, such as the type and quantity of drugs involved, your prior criminal record, and any aggravating factors.
If you have been charged with a drug crime in New York, please don’t hesitate to consult with a seasoned attorney from The Law Office of Carl Spector, who can fight to protect you from an uncertain future. Connect with our firm today for guidance and skilled representation.
