Westchester Controlled Substance Lawyer
The state of New York takes controlled substance offenses extremely seriously, along with all drug charges. These are some of the most serious crimes in the penal code, including offenses that have the potential to land someone in prison for life. Controlled substances have a high potential for addiction and misuse, many of them put not only the user, but many others in danger as well.
If you have been arrested for an offense involving controlled substances, you should get in touch with a skilled attorney as soon as possible. The state is already preparing a case against you, and you are going to have to defend yourself to the best of your ability.
Get in touch with the New York Criminal Defenders at the Law Office of Michael D. Litman.
What Is a Controlled Substance in New York?
According to the New York Penal Code, a controlled substance is “any substance listed in schedule I, II, II, IV, or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.”
What Are the Penalties for Controlled Substances?
- Criminal possession of a controlled substance: Ranges from seventh degree (class A misdemeanor) all the way up to first degree (class A-I felony). Depending on severity, possible sentences range from 1 year to life in prison.
- Use of a child to commit a controlled substance offense: Class E felony, up to 4 years.
- Criminal sale of a controlled substance: At least a class D felony. Can be a class A-I felony. Possible sentences range from up to 7 years to up to life in prison.
- Criminal sale of a controlled substance in or near school grounds: Class B felony—maximum sentence of 25 years.
- Criminally possessing a hypodermic instrument: Class A misdemeanor—up to 1 year.
- Criminal injection of a narcotic drug: Class E felony—up to 4 years.
- Criminal sale of a controlled substance to a child: Class B felony—up to 25 years.
- Criminally using drug paraphernalia: Second degree use is a class B misdemeanor. First degree is a class D felony—up to 7 years.
- Criminal possession of precursors of controlled substances: Class E felony—up to 4 years.
- Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist: Class C felony—up to 15 years.
- Criminal possession of methamphetamine manufacturing material: Second degree is a class A misdemeanor—up to 1 year. First degree is a class E felony—up to 4 years.
- Criminal possession of precursors of methamphetamine: Class E felony—up to 4 years.
- Unlawful manufacture of methamphetamine: Ranges from class D felony—up to 7 years—to class B felony—up to 25 years.
- Unlawful disposal of methamphetamine laboratory material: Class E felony—up to 4 years.
- Operating as a major trafficker: Class A-I felony—up to life in prison.
What Should You Do If You’ve Been Arrested?
If you are ever arrested for a controlled substance offense, the first thing you need to do is cooperate with the arresting officer. You’re a smooth talker, so you may be tempted to try to talk the officer out of arresting you. If the cuffs are already out, it’s too late for that. Anything you say is far more likely to incriminate you further than it is to convince the officer to let you go. You have the right to remain silent, and this is the time to use it.
After the arrest, it’s time for you to start thinking about how you’re going to defend yourself. Get in touch with an experienced attorney who can help you put together your defense. The state of New York is already preparing the case against you. You need all the help you can get.
The right attorney can be the difference between a guilty and a not guilty verdict. The right attorney can be the difference between getting a short sentence and getting the maximum sentence. Don’t throw years of your life away.
Contact Michael D. Litman
If you’ve been accused, charged or arrested for a controlled substance offense, you should contact the Law Office of Michael D. Litman, PLLC as soon as possible. Michael Litman, based in White Plains, NY, has over a decade of experience and knowledge defending those charged with controlled substance offenses. We serve residents of Westchester County, White Plains and the New York Metro area.
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