New York Drug Crime Lawyers

Providing Superior Legal Defense for Serious Charges

Of all crimes out there, police officers seem to prioritize drug offenses the most. To put this into perspective, inmates convicted of federal drug offenses account for 46.3% of the entire population in the Federal Bureau of Prisons. That means nearly half of federal inmates were convicted for drug crimes.

Don’t be part of this statistic.

Defend your liberty and legal rights with Hamilton Clarke, LLP in your corner. We are committed to helping your combat your drug charges no matter what challenges arise. Our New York drug crime attorneys offer proficient representation, superior defense strategies, and effective legal counsel at every stage of the process. We will go above and beyond — working day and night — to build a compelling defense on your behalf to increase your chances of achieving a successful result. With 50years of collective legal experience handling 10,000+ cases, you can rest assured that your case will be in good hands when you retain our firm.

Drug Crime Charges We Handle

State and local law enforcement officials arrest drug crime suspects for a variety of reasons. Depending on the circumstances of your offense, including the type and amount of drugs reportedly involved, you could face the following criminal drug accusations:

• Drug possession
  • Possession with intent to sell, manufacture, or deliver
  • Possession of drug paraphernalia
• Drug sale
• Drug manufacturing
• Drug distribution
• Prescription drug charges

What Are the Different Federal Drug Schedules?

Before we discuss the potential penalties you could face upon a drug crime conviction, it’s important to understand how state and federal governments categorize drugs. This is because your charges and consequences heavily depend on the type of drug schedule involved.

Drugs, substances, and certain chemicals used to make drugs are classified into 5 categories or schedules. They are organized as follows:

• Schedule I: Drugs with no currently accepted medical use and a high potential for abuse. Examples include heroin, LSD, marijuana, ecstasy, methaqualone, and peyote.
• Schedule II: Drugs that are deemed dangerous and have a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Examples of Schedule II drugs are Vicodin, cocaine, methamphetamine, methadone, OxyContin, fentanyl, Dexedrine, Adderall, and Ritalin.
• Schedule III: Drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs include products with less than 90 milligrams of codeine per dosage unit, ketamine, anabolic steroids, and testosterone.
• Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Xanax, Soma, Darvon, Valium, Ambien, and Tramadol are examples.
• Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. They are generally used for antidiarrheal, antitussive, and analgesic purposes, with examples including Robitussin AC, Lyrica, and Parepectolin.

Is Wax a Felony in New York 2020?

In New York, wax is usually a misdemeanor. For those caught in possession of hash or hash oil (BHO/wax), possession of any amount, up to seven grams, is a misdemeanor punishable by a year in prison and a fine of up to $1,000. More than seven grams but less than an ounce can result in felony charges carrying up to seven years in prison and a $5,000 fine. Those in possession of an ounce or more face fifteen years in prison and a $15,000 fine.

What Are the Penalties for Drug Crimes?

Since drug possession is one of the most common drug offenses in the US, we discuss the possible legal punishments you could face upon a conviction below. Keep in mind that our New York drug crime lawyers can negotiate with prosecutors to get your penalties reduced or dropped altogether, so the penalties below could be your worst-case scenarios.

Possessing a controlled substance: Class A misdemeanor punishable by up to 1 year in prison and/or $1,000 fines.

Possessing the following preparations and substances is a Class D felony punishable by 1 to 2.5 years in person and/or $5,000 fines:

• a controlled substance with intent to sell
• at least ½ oz preparations containing narcotics preparations
• at least ¼ oz concentrated cannabis preparation
• at least 500 mg cocaine
• at least 1,000 mg ketamine
• ketamine with a prior conviction of ketamine possession
• at least 28 g of gamma-hydroxybutyric acid (GHB)

You may suffer a Class C felony punishable by 1 to 5.5 years in prison and/or up to $15,000 fines if you possess at least:

• ⅛ oz preparations containing a narcotic drug
• 2 oz preparations containing narcotics preparations
• 1 mg lysergic acid diethylamide (LSD)
• 360 mg methadone
• 2 lbs. of depressants
• 200 g GHB

The conduct below is a Class B felony punishable by 1 to 9 years in prison and/or $30,000 fines:

• a narcotic with intent to sell
• a stimulant, hallucinogen, hallucinogenic substance, or LSD with intent to sell and a prior drug conviction
• at least 1 mg LSD with intent to sell
• at least 125 mg hallucinogens
• at least 5 g stimulants
• at least 1,250 mg PCP

Although medical marijuana is legal for qualified patients and has been decriminalized in New York since 2019, you may still face charges for possessing large amounts of marijuana. If convicted, you may be subjected to the following punishments:

• Possessing more than 25 g of marijuana: Class B misdemeanor charge publishable by up to 3 months in prison and/or up to $500 fines
• Possessing more than 2 ounces of marijuana: Class A misdemeanor charge punishable by up to 1 year in prison and/or up to $1,000 fines
• Possessing more than 8 ounces of marijuana: Class E felony charge punishable by 1 to 1.5 years in prison and/or up to $5,000 fines

Representation You Can Trust

At Hamilton Clarke, LLP, our New York drug crime attorneys will go the distance to fight for the best result on your behalf. We proactively prepare for all possible scenarios our clients may face to ensure they are not caught off guard at any point in the process. The criminal justice system can be intimidating and confusing, why is why you can count on us to openly communicate about your case updates and invest the time, efforts, and resources needed to get you back on track.