Long Island Drug Crime Lawyer

Possession with Intent to Sell

Drug crimes come at a high cost for those that are found guilty. The ramifications of drug use are estimated to cost local tax payers millions of dollars each year. The negative effects have caused law enforcement to focus on this issue, seeking to prevent against all forms as much as possible. A person does not need to be caught selling drugs to be tried as a criminal. Even the personal possession of an uncontrolled substance can lead to thousands in fines and years behind bars. These crimes are actually known to have particularly devastating consequences and many suspects do not realize that they could easily be facing 15 years in prison not even for one of the larger crimes. Drug possession alone is not the only crime a person can be tried for without actually being caught interacting with the drugs in other ways. Many times when police go to make a drug bust, they end up making an additional charge on top of the standard one.

Possession of a Controlled Substance in the Third Degree

Covered under New York Penal Law Section 220.16[1], this is known as possession with intent to sell or possession of a controlled substance in the third degree. The crime is considered a class B felony that can be severely punished. It is for an individual or more than one person that are found to have an illegal substance in their possession that law enforcement believes is also being held for the purpose of distribution. Along with the presence of drugs they are found with is other paraphernalia that leads officers to suspect the drugs were for more than just personal use. The inclusion of small bags, measuring scales, large sums of cash, a significant amount of drugs, needles, pipes and more, can all be a tip off to officers that the drugs were being held with the intention of selling them for profit. There is often times a reason for this additional paraphernalia and not everyone that is found with them in their possession is in fact looking to sell drugs.

Charges for a Class B Felony

For those that are believed to be holding drugs with an intention of selling or distributing them, the penalties can range depending on the details related to the crime. These guidelines on drug use also vary by the state and New York can have a harsh stance in these issues. The main factors that will be looked at in these situations is the type of drug that is used. Since some drugs are considered more dangerous than others, they will be penalized higher as well. The amount of drugs that are found will also be a deciding factor, as well as if the suspect has a previous criminal record, such as one including former drug convictions. Even those with a small amount of drugs can face trouble with the law for this crime. Possession is not only for the drugs such as heroin or cocaine, but can also be prescription drugs that are being used in a manner other than what the doctor intended for them. Those convicted of a class B felony will face a mark on their criminal record, along with the possibility of high fines and years in prison.

In these cases it will be necessary for the prosecution to show without doubt that the person in question was holding the drugs with the intention of distributing them. They must show that the drugs were consciously being held. Since many of these charges can be based off of the opinion of the officer and others on the scene, it is important to establish doubt in the mind of the court. The charges being made can be false or may be harsher than what is deserved and it is important to build a strong case to avoid the repercussions. One thing to look at is how the officers obtained the evidence. While they may suspect a person, they still need to respect the rights of a suspect. This includes not entering or searching their personal property without permission to do so or without a warrant. If they were outside of their area of authority, there can be the possibility of having the evidence removed from the trial. The penalties from a possession charge can be harsh enough as it is. You do not want to run the risk of having higher consequences placed on top of that. Contact a Long Island criminal attorney from our firm as soon as possible.