Kushner Law Group, PLLC
Kushner Law Group, PLLC
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What are the potential penalties for drug possession?

On Behalf of | Apr 4, 2022 | Felonies |

People use drugs for many different reasons in New York. Many reasons are for medical purposes and they are legal as long as people have a valid prescription for the drug. However, there are many people who use drugs that have no medical purposes or do not have a valid prescription for drugs that may have medical purposes. When people use and possess drugs in this manner, it is illegal and people could be charged with drug crimes.

Drug possession crimes are put into different degrees depending on a number of factors. Generally, it depends on the type of drug that people possess and also the amount that they possess. Most drug crimes are felony offenses that range from 5th degree to 1st degree with 5th degree resulting in the least severe penalties.

Potential convictions for drug possession convictions

  • Fifth degree drug possession convictions are Class D felonies and could result in probation or jail from one to two and a half years for a first-time offense or up to a four year sentence for a second offense.
  • Fourth degree drug possession convictions are Class C felonies and could result in being sentenced to jail between one and five years for a first offense and between two and eight years for a second offense.
  • Third Degree drug possession convictions are Class B felony and could result in a jail sentence between one to nine years in jail for a first offense and between three and a half years for a second offense.
  • Second Degree drug possession convictions are Class A-II felonies which can result in jail time between three and ten years for a first offense and between six and 14 years for a second offense.
  • First degree drug possession convictions are Class A-I felonies resulting in between eight and 20 years in jail for a first offense and between 12 and 24 years for a second offense.

Convictions for many drug possession charges in New York can result in jail time and other serious penalties. That is why it is important to have a strong defense after being charged. Everyone is innocent until proven guilty and experienced attorneys could be useful resources.