New York drug crime statutes are notoriously harsh. They stipulate a range of serious penalties, from incarceration to high-priced fines and more, in the event of a conviction.
Whether you are facing drug crime charges for the first or another time, it’s crucial to know that:
- Prosecutors will aggressively pursue conviction: Their reputations can depend, at least in part, on being tough on drug crimes and maintaining high conviction rates. That’s usually why they’ll be ready to push for the most severe charges and penalties whenever possible.
- There can be many ways to fight drug crime charges: As heavy and serious as drug crime charges in Westchester County are, there can be a number of ways to poke holes in the prosecution’s cases. Procedural errors made during the investigation, arrest, and after are just a few ways to challenge prosecutors’ arguments and try to weaken their case.
- The sooner you retain a defense attorney, the better: The strength and success of your defense case can depend on the attorney you have going forward. When a lawyer is involved early on, (s)he can provide crucial advice while helping the accused protect their rights when dealing with police, appearing for initial hearings in court, and building their case. This can make a big difference in setting drug crime defense cases up for more favorable resolutions.
When drug crime charges in Westchester County put your freedom and future on the line, you can count on Westchester Criminal Defense Lawyer Michael J. Borrelli. He has experience as a former prosecutor and first-hand knowledge of how they build their drug crime cases. That makes him highly effective at countering their strategies and building strong defense cases for an array of misdemeanor and felony drug charges in Westchester County, NY.
Don’t hesitate to contact the Law Offices of Michael J. Borrelli for a free consultation when you need helpful, confidential advice about your rights in a potential or existing drug crime case.
If you need a drug defense attorney, fill out our contact form now for a consultation. Otherwise, feel free to explore the information and links below for more about drug crime charges and penalties in Westchester County and New York.
Drug Trafficking
Drug trafficking charges can be filed when there is reasonable evidence to suspect the manufacture, cultivation, distribution, or sale of an illegal drug. Depending on the circumstances involved, drug trafficking charges can be filed as major felonies or federal charges.
As with any drug crime charges, some of the key factors that can impact the level and severity of the charges filed for alleged drug trafficking include:
- The type of drug involved: Illicit drugs and controlled substances are classified by drug “Schedule.” Schedule I drugs are considered the most dangerous and lethal. As such, it can take far smaller amounts of Schedule I drugs (when compared to Schedule B drugs) to raise serious felony charges and potential penalties.
- The amount of the drug: Greater amounts of any illicit drug or controlled substance will generally result in more severe drug trafficking charges.
- Whether the accused individual has any priors: Previous drug convictions also raise the stakes in subsequent drug trafficking cases, usually leading to more serious felony or federal charges.
- Whether aggravating factors are involved: These factors can include other crimes, as well as injuries or deaths occurring in the commission of the alleged offense. When aggravating factors are involved, again, the charges and potential penalties in drug trafficking cases will intensify. In the most serious cases, prosecutors can seek life imprisonment.
Regardless of whether drug trafficking charges are filed at the state or federal level, they create high-stakes cases that demand a skilled criminal defense expert.
Drug Possession
Like any drug crime charge, being in the wrong place at the wrong time can be enough to put someone in the crosshairs of drug possession charges. As serious as these allegations can be, prosecutors will need to prove both control and intent for drug possession charges to hold water.
Specifically, this means that prosecutors need to prove beyond a reasonable doubt that the accused intended to possess the drug involved. Establishing that someone was aware of possessing a drug can be tricky, especially if the substance is found on property not owned or accessible to the accused.
Westchester drug crimes lawyer Michael J. Borrelli defends clients against all types of possession charges, including (but not limited to) allegedly possessing:
- Schedule I drugs: Examples include heroin, ecstasy, and methaqualone.
- Schedule II drugs: Cocaine, methamphetamine, fentanyl, Adderall, and oxycodone are all examples of this class of illegal narcotics.
- Schedule III drugs: This class of drugs can include Tylenol with codeine (less than 90 g/dose) and ketamine.
- Schedule IV drugs: Ativan, Darvon, Ambien, Soma, and Xanax all belong to this drug schedule.
- Schedule V drugs: These narcotics usually include analgesics and antitussive drugs, like cough medicines containing codeine (less than 200 mg/dose).
For more detailed information, see our article on how New York classifies different controlled substances.
Drug Sales & Drug Distribution
Drug possession with intent to sell or distribute tends to carry much harsher charges than simple possession alone. Typically, drug distribution charges are filed in Westchester County when:
- Large amounts of an illicit drug or controlled substance are found.
- Other supplies are also discovered: This can include scales, baggies, or even large amounts of money, which can be used as evidence that the narcotics were being weighed and repackaged for sale and distribution.
Regardless of the quantity and type of controlled substance or illegal drug found, law enforcement officials almost always charge drug distribution as a felony. First-time drug distribution offenses are generally filed as fifth to first-degree felonies, depending on the circumstances involved. That can mean anywhere from 1 to 20 years of incarceration in the event of a conviction, as well as a permanent criminal record that can affect employment, housing, and more.
If you are facing this type of criminal charge, it is especially vital to work with an experienced criminal defense attorney to ensure the best outcome possible for your circumstances. Our drug defense lawyers have extensive experience in the field, and our law office will help fight for the justice you deserve.
Marijuana Possession
While the social stigma around marijuana has relaxed somewhat in the United States, it’s important to remember that criminal marijuana offenses can still carry some severe penalties. In fact, although New York’s criminal laws regarding marijuana possession have been updated over recent years to allow for medical marijuana use (in distinct circumstances), many criminal charges and penalties for marijuana offenses remain on the books. This includes charges of:
- Marijuana possession: Possessing less than two ounces of marijuana can be considered a civil violation, resulting in fines between $50 and $200 with no jail time. When the allegations involve possession of more than 2 ounces, criminal charges will kick in, putting the potential for incarceration on the table (in the event of conviction).
- Marijuana distribution: When no payment has been exchanged for allegedly distributing marijuana (less than 2 ounces), the charge will usually be a misdemeanor for first offenses. As the amount of the drug increases—or if marijuana has been sold to a minor --the charges will be much more severe.
Westchester County, Putnam County, & Rockland County, NY, Drug Crime Charges: FAQs
At the Law Offices of Michael J. Borrelli, we know that drug crime charges can raise important questions for the accused. Getting answers to those questions can be pivotal to structuring a strong legal defense while helping a defendant set realistic expectations about their case. For your knowledge, here are some useful FAQs about New York drug crime charges and cases.
What are some effective defenses against drug crime charges?
Depending on the facts and evidence in a given drug case, there may be various options to appeal against New York drug crime charges. Some possibilities include arguing that:
- Procedural errors were made, or police misconduct occurred
This can include errors made by law enforcement at any point during an investigation, arrest, interrogation, and beyond, including those related to an arrest warrant or search warrant (or lack thereof). It can also involve errors in how the accused and/or the evidence was handled at any point during the investigation, such as mishaps related to search and seizure or evidence chain of custody.
- The drugs did not belong to the accused
Just because illegal drugs or prescription medication may have been legally found in the course of a traffic stop or during an unrelated police investigation does not mean those drugs belonged to the individual accused of a crime.
- The rights of the accused were violated
Anyone accused of a drug offense in the jurisdiction of Westchester County has the constitutional right to be considered innocent until proven guilty, as well as the right to remain silent, the right to an attorney, the right to a speedy trial with a jury of one's peers, and more. Violations of these rights could compromise the credibility of prosecutors’ drug crimes cases (up to resulting in dismissal of the case or total acquittal of the accused).
With drug crimes (like any criminal offense in the United States), it’s up to the prosecution to prove the charges beyond a reasonable doubt. That puts the burden of proof on the prosecutor, not the defense, and this is one of the many reasons why it's so important to seek legal advice from a qualified criminal lawyer.
Are there minimum mandatory sentences for drug crimes in New York?
Mandatory sentencing guidelines will not come into play for drug charges filed at the state level because New York eliminated these over a decade ago. However, the story is different for federal drug crime charges. Mandatory sentencing can and does come into play in drug cases that involve federal charges, and that can impact how a defense case is structured. Remember, even if you have been accused of a federal crime, the burden of proof is still on the prosecution, and you have a constitutional right to fair treatment and a jury trial. Contact a criminal lawyer ASAP for legal advice.
What are the potential penalties for drug crimes in Westchester, NY?
Penalties for drug crimes in Westchester, NY, can vary widely based on the severity of the offense and the type of drug involved. Potential penalties include fines, community service, probation, and imprisonment. An experienced drug crime defense lawyer can help you understand the specific penalties you might face and work to mitigate them.
Are there alternatives to jail for drug crime convictions in Westchester, NY?
Yes, there are alternatives to jail for drug crime convictions in Westchester, NY. These can include drug treatment programs, probation, and community service. A drug crime defense attorney can help explore these options and advocate for alternative sentencing that focuses on rehabilitation rather than punishment.
When is drug treatment considered an alternative to jail or prison in New York drug crime cases?
Drug treatment can be a viable alternative sentence in certain drug crimes cases, including (but not limited to) those involving:
- A first-time offender: Individuals without prior drug convictions can have better chances of seeking treatment as an alternative to incarceration, especially when the defense case can demonstrate factors like mental health or addiction issues that could be better addressed with treatment rather than jail or prison.
- Nonviolent offenses: Drug cases that involve any form of violence will typically not be considered for alternative sentencing. This is true no matter what level of felony charges are involved in the case.
- Lower-level felony charges: As felony drug charges get less serious, the possibility of alternative sentencing can become more viable.
Those who do qualify for alternative sentencing will have to comply with and complete all of the terms of their treatment program as part of their probation. Failing to do so can constitute a probation violation and result in the reinstatement of a suspended jail or prison sentence.
How do I choose the right drug crime defense lawyer in Westchester, NY?
Choosing the right drug crime defense lawyer in Westchester, NY, involves considering factors such as experience, reputation, and track record in handling drug-related cases. You should look for a lawyer who has a deep understanding of local laws and a proven history of achieving positive outcomes for their clients. For personalized legal advice, contact us.
Don’t Face Drug Charges Alone: Contact Westchester County Drug Crimes Lawyer Michael J. Borrelli
If you or a loved one has been charged with any type of drug crime, don’t wait to find a drug possession lawyer. Contact Westchester County Drug Crimes Lawyer Michael J. Borrelli for strategic, superior defense representation.
Call (914) 350-5110 or contact us online for a FREE, confidential consultation. We offer consultations 24/7.
With more than 25 years of criminal law experience, Attorney Borrelli has handled tens of thousands of drug and other criminal cases of varying degrees. Over that time, he has maintained a near-perfect success rate in more than 40 felony criminal trials while earning a reputation as a fierce advocate for his clients.
Beyond his professional credentials, Westchester County Criminal Defense Attorney Michael Borrelli is dedicated to helping people just like you. He is proud to offer client-focused service so you are never confused, anxious, or under pressure when it’s time to go to court. That can provide priceless peace of mind and confidence that you have the representation you need and deserve and that you have optimal chances of securing favorable and efficient resolutions. He has helped clients across Putnam County and Rockland County get their day in court and receive more favorable outcomes.
Find out your best defense options against drug charges now in a FREE consultation.
Additional Information for Westchester, NY Residents
- New York State Unified Court System - Drug Court Programs: Provides information on drug court programs that offer treatment-focused alternatives to incarceration for drug offenders. These programs aim to address the underlying substance abuse issues and help offenders reintegrate into society.
- National Institute on Drug Abuse (NIDA) - Drug Facts: Offers comprehensive information on various drugs, their effects, and treatment options. This resource is valuable for understanding the impact of drug use and the available treatment methods.
- Continuing Crisis: Drug Overdose Deaths in New York: This report by the New York State Comptroller discusses the increase in drug overdose deaths in New York, highlighting the role of synthetic opioids like fentanyl in these fatalities.
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