New York criminalizes many substances and has rules controlling the use and distribution of many others. Both prohibited drugs and controlled substances that require a physician’s recommendation can be the cause of a drug charge.
Individuals accused of relatively serious drug offenses, including manufacturing or trafficking drugs, typically face felony charges. However, possession offenses are different. They are wobbler offenses that can lead to either misdemeanor or felony charges, depending on the details of the situation.
Anyone recently arrested for a drug offense may feel anxious about the future. They may worry about the prosecutor bringing the harshest charges possible. When are drug defendants likely to face misdemeanor charges instead of a felony charge?
The details determine how the state responds
There are two important considerations that have a profound impact on drug charges in New York. The amount of drugs, as determined by their overall weight, is often the most pressing factor. The weight of the drugs found by police officers is typically the main factor that determines whether a drug possession offense is a misdemeanor or a felony. Most of the time, misdemeanor drug offenses are Class A misdemeanor charges. Defendants may face up to a year in prison, as well as up to $1,000 in fines.
State laws include thresholds for different drugs. Any amount over the established threshold for possession could potentially lead to a felony charge. Those with lesser amounts of drugs may potentially face misdemeanor charges.
However, in such cases, the other main factor comes into play. The state also looks at the history of the person charged with the drug offense. Prior offenses involving drugs can potentially increase the severity of the charges or may inspire the courts to hand down harsher sentences based on the guidelines included in state statutes.
Anyone accused of a possession offense may need to review the situation carefully to develop the best possible legal strategy for minimizing the chances of a conviction or reducing the long-term consequences that the defendant faces. Some defendants can suppress evidence, while others could request drug court proceedings. Having insight into the law while navigating the criminal justice system can make a major difference for those hoping to minimize the impact of a recent drug arrest.