Staten Island Drug Crimes Attorney

Drug Crimes Lawyer in Staten Island, NY

Being charged with a drug crime in New York City can be daunting, especially when it’s a felony charge, but even misdemeanor charges have the potential to change your entire future. It’s crucial that you seek an aggressive and experienced Staten Island drug crimes lawyer. They can build an effective case against drug charges and fight for the ideal outcome.

The Law Office of Tracy & Tracy: Defending Your Future

The drug crime statutes can be confusing for a layperson to understand, and fighting them requires the knowledge and expertise of a skilled attorney, like former NYC prosecutor Brendan Tracy.

As a member of the Trial Division at the Manhattan District Attorney’s Office, Mr. Tracy learned from and worked side-by-side with some of the most experienced trial attorneys and prosecutors in the country. As a result, he’s highly skilled at building cases, identifying prosecutorial weaknesses, and zealously advocating for his clients. He also has strong professional relationships with those managing your case in the local court, such as the 13th Judicial District.

When you have been charged with a drug crime, our firm can provide comprehensive and diligent legal representation.

Unlawful or Criminal Possession of Marijuana Defense Attorney New York City

Marijuana is now decriminalized in New York, but not legalized. You can still receive a charge of civil possession of marijuana. This means that if you’re caught with under 25 grams of marijuana and have no prior offenses, you can be charged with a violation – the action is unlawful, but not criminal (you’ll likely pay a fine, but you won’t go to jail for the civil possession alone). However, if you’re caught burning, smoking, or selling it in public, or with other paraphernalia or substances, those all are covered under separate statutes and could carry higher penalties and more serious charges.

Criminal possession of marijuana is when you’re charged with carrying more than 25 grams of marijuana. Depending on the amount, you could be charged with either a misdemeanor or felony.

Burning marijuana in the public view is a Class B misdemeanor, so although you can have under 25 grams on your person and likely get away with a fine, burning it in a city park at the same time can get you a misdemeanor. This is when you need an experienced attorney like The Law Office of Tracy & Tracy on your side – click here for a free consultation.

New York City Drug Possession and Distribution Defense Attorney

There are a number of statutes that cover drug possession and distribution in the New York Penal Code. Drug laws can get very complicated, because the different classes of drugs can result in different levels of charges and more severe penalties.

As a former NYC prosecutor, Brendan Tracy knows the New York State Penal Codes inside and out: it was his job to determine how to charge different types of complex drug offenses. As a defense attorney, he is acutely aware of the prosecution’s strategies, weaknesses, and where to best position a client for the optimal outcome.

MEET BRENDAN TRACY

Although most drug offenses in New York are not “bail-eligible” anymore, the penalties that come along with these crimes can be serious and life-changing. If you are arrested for a drug offense, you could be facing hefty fines and significant jail time. It is for that reason that you need an attorney with the knowledge, experiences and confidence to successfully defend against the police and prosecution tactics in these cases.

Brendan knows what it takes to advocate for those accused of committing a crime because he has first-hand knowledge of what it takes to prosecute someone who has been arrested for committing a crime.

Drug Crime Penalties in Staten Island

Drug offenses range in severity based on many factors, such as the amount of the controlled substance involved in the offense. The Federal Bureau of Investigation reported 55,575 arrests in New York State for drug abuse violations. In 2024, there were 10,438 dangerous drug felony offenses reported in New York City, along with 7,779 dangerous drug misdemeanor offenses. New York drug crime laws are especially tough on drug offenses.

Typically, drug offenses range from a Class A misdemeanor to a Class A-I felony. The penalties for these offenses could include:

• Up to $1,000 in fines and up to 364 days of imprisonment for a Class A misdemeanor
• Up to $5,000 in fines and up to four years imprisonment for a Class E felony
• Up to $5,000 in fines and up to seven years of imprisonment for a Class D felony
• Up to $15,000 in fines and up to 15 years of imprisonment for a Class C felony
• Up to $30,000 in fines and up to 25 years of imprisonment for a Class B felony
• Up to $50,000 in fines and life imprisonment for a Class A-II felony
• Up to $100,000 in fines and life imprisonment for a Class A-I felony

Some imprisonment sentences may include alternative sentences, like probation or parole, community service requirements, and required classes or programs for drug treatment.

In addition to fines and imprisonment, drug offenses can lead to other consequences for your life, such as the loss of a professional license. Having a criminal record can affect your reputation, limit your job opportunities, and hinder other opportunities. The most effective way to avoid these severe consequences is to avoid a conviction. It’s important to find the right attorney to fight for the ideal outcome to your case.

Potential Defenses Against Criminal Drug Charges

Several defenses can be used to challenge drug charges, although which one is right for you will depend on your unique circumstances. A Staten Island drug crimes attorney can look over your case to determine the right defense. They can know whether it is ideal to challenge evidence prior to trial, negotiate a plea deal, or take the case to court. Some potential defenses include:

• Lack of intent. In drug possession charges, you must knowingly possess the substance or knowingly sell the substance. If you did not have knowledge of the substance, like when it was placed on your property by another person, this could be a defense against possession or sale charges. An attorney can argue that you did not intend to commit a crime.
• Lack of control. Possession under the law means that you exercised dominion and control over the substances. This means you have physical possession of the substance on your person, or you have constructive possession because the substance is in a location you control, such as a vehicle or home. If you did not have control over the location where the controlled substances were, or you could not access the substance, this may be an effective defense against possession charges.
• Illegal search and seizure. Law enforcement must have probable cause or a warrant to search someone’s person, property, or vehicle. If an officer did not have a warrant or reasonable suspicion to conduct the search, any evidence found during the search could be inadmissible in court. In some situations, this can lead to the dismissal of the case because of a lack of evidence.
• Insufficient evidence. The prosecution must meet the burden of proof to convict you of drug charges, which is to do so beyond a reasonable doubt. If there is insufficient evidence to convict you, your defense should show this lack of evidence and highlight the inability of the prosecution to meet this burden of proof.

FAQs

Q: How Much Does a Drug Defense Criminal Lawyer Cost in New York?

A: The cost of a criminal defense lawyer in New York varies, as each attorney charges differently. Drug defense cases can range from minor misdemeanors to very serious felonies, and the severity of your charges is likely to impact the cost of legal representation.

An attorney’s experience can also affect their fees. Attorneys based in populated areas, like Staten Island, tend to have higher fees. Always talk with a potential attorney upfront about their legal costs.

Q: What Is the Minimum Sentence for a Drug Charge?

A: The minimum sentence for a drug charge depends on the type of offense, the substance involved in the offense, and the amount of that substance. Some of the least severe drug charges in New York are Class A misdemeanors, which can lead to up to 364 days of imprisonment and a fine of up to $1,000. These offenses do not have mandatory minimum sentences, so the exact penalties are based on the discretion of the judge.

Q: What Is a Felony Drug Charge in New York?

A: A significant number of drug charges are felonies in New York, and they range from a Class E felony to a Class A-I felony. These offenses can result in substantial fines and the potential for years of imprisonment. The more of a substance is present in an offense, the more significant the charges are. The type of substance also matters, as cannabis is charged less harshly than substances that are considered very dangerous, such as narcotics and methadone.

Q: Why Should I Hire a Drug Crimes Lawyer in New York?

A: You should hire a drug crimes lawyer in New York because it brings you the greatest chance of having your criminal penalties and charges reduced or even eliminated. Even minor criminal drug offenses can have an impact on your future if you are convicted, from fines and imprisonment to the long-term effects of a criminal record. An attorney can determine the right strategy for a defense.

Reach Out to Our Firm in Staten Island

If you have been charged with possession, tracking, sale, cultivation, or other drug offenses, contact The Law Office of Tracy & Tracy today.