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Drug Crimes

New York City Drug Crime Attorneys Defend You Against Criminal Charges

Representing clients accused of possession, selling, manufacturing and other drug offenses

A conviction for a drug crime can result in prison time and fines. It can also result in a criminal record that may affect your ability to obtain future employment. Combating a drug charge of any degree is possible, but it demands the support, guidance and attention of skilled counsel. The firm of Bernfeld, DeMatteo & Bernfeld, LLP comprises two criminal defense lawyers with 45 years of combined experience. Our attorneys have worked together as an effective team for more than a decade. We have a deep understanding of NYC drug laws and will defend you with the utmost zeal and competence.

Possession

In general, two factors determine the specific charges of a drug crime: the type of drug and the quantity. Based on these two factors, you may be charged with a misdemeanor or felony. However, other factors, such as your criminal history and whether the crime was committed in a school zone, can also affect the penalties you face.

Following are the penalties for the possession of certain drugs in New York City:

  • Marijuana — Possession of less than 25 grams results in a fine and a citation. Possession of between 25 grams and an ounce is a Class A misdemeanor punishable by up to one year in jail. Marijuana possession becomes a Class E felony punishable by more than a year in prison when you possess between 8 and 16 ounces.
  • Cocaine/crack — For possessing any amount of cocaine, the state may charge you with a Class A misdemeanor, which carries a penalty of up to one year in jail. If you possess half an ounce of cocaine, you are charged with a Class B felony and face between one and nine years in prison.
  • Heroin — Individuals who possess 1/8 of an ounce of heroin are charged with a Class A misdemeanor and face up to one year in jail. Half an ounce or more of heroin is a Class B felony, punishable by between one and nine years in prison.
  • Methamphetamine — Possession of less than half an ounce of methamphetamine is a Class A misdemeanor and carries a penalty of up to one year in the county jail. If you are caught possessing a half ounce or more of meth in NYC, you are charged with a Class C felony, punishable by one to five and a half years in prison.

Sale

If you are charged with selling drugs, you face significantly harsher penalties than those for simple possession. Throughout New York City, our drug crime lawyers have defended clients accused of selling the following substances:

  • Marijuana — If you are arrested for selling more than 2 grams but less than 25 grams of marijuana, you are charged with a Class A misdemeanor and could receive up to one year in jail. For selling 25 grams or more, you may be charged with a Class E felony and face a year and a half in prison.
  • Cocaine/crack — Possession of cocaine with intent to sell is a Class B misdemeanor and can incur up to nine years’ imprisonment. Sale of an ounce or more of cocaine is a Class A-II felony, punishable by three to 10 years in prison.
  • Heroin — Possession of heroin with intent to sell is a Class B felony. If convicted, you face between one and nine years in prison. If you are arrested for selling half an ounce or more, you face class A-II felony charges and a sentence of three to 10 years in prison.
  • Methamphetamine -- Selling less than 1/8 of an ounce of crystal meth is a Class D felony, punishable by between one to two and a half years in state prison. Sale of 1/8 or more of meth is a Class B felony, penalized by one to nine years in prison.

Whether you are charged with possession or sale of one of the drugs listed above or another substance such as OxyContin, Percocet or bath salts, you need experienced legal help. A skilled defense attorney can work with the prosecution and may be able to reduce the charges you face.

Trafficking

Under New York Penal Law 220.77, you may be charged as a major trafficker if you are involved in the trafficking of controlled substances valued at $75,000 or more. If convicted of this offense under NY law, you are charged with a Class A1 felony and, depending on the circumstances of your case, you could face life in prison if you are prosecuted on the state level. Drug trafficking may also be handled federally. The penalties you face for a federal drug trafficking offense are serious, so you should consult with a knowledgeable criminal defense lawyer immediately for more information.

Contact an outstanding team of drug defense lawyers today

Bernfeld, DeMatteo & Bernfeld, LLP provides high-quality legal service to New Yorkers facing prosecution for drug crimes. Call us at 646-880-4689 or contact us online to schedule a free consultation with an experienced lawyer at our firm.