Drug Crime Punishment
In New York State, conviction of a drug crime means strict penalties including jail time, fines and loss of employment. Regardless of length or severity, a drug crime conviction can have a tremendous impact on the accused individuals’ life.
The most severe penalties involve drugs listed in Schedule I and the least severe penalties involve Schedule V drugs. Schedule I drugs have a high potential for abuse and have no accepted medical use (heroin, LSD and marijuana). Schedule II drugs have a high potential for abuse and severe dependence, but have an accepted medical use (PCP, cocaine, methadone and methamphetamine). Schedule III drugs have a potential for moderate dependency and an accepted medical use (anabolic steroids and codeine). Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency and are accepted in medical treatment (Vicodin, Oxycotton and Xanax). Schedule V drugs have a low potential for abuse, limited risk for dependency and have an accepted medical use (cough medicines with codeine).
Simple possession is when an individual knowingly and intentionally possesses a scheduled drug without a valid prescription. It must be proven that the accused individual knew the drug was a controlled substance and that he or she had physical possession of substance. In this situation, sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender and a maximum of three years in prison for a third or higher offender.
Enterprise Corruption may be charged when a person is accused of having committed a drug crime as part of a continuing enterprise or scheme in which other individuals are involved. In order for a person to be convicted of Enterprise Corruption, that individual must be employed by or associated with a criminal enterprise, and, acting with the intent to participate in or advance the affairs of that criminal enterprise, he or she must intentionally conduct or participate in the affairs of that criminal enterprise.
If you have been charged with a drug-related offense, you will need the assistance of an experienced criminal defense lawyer specializing in fighting drug crimes.
Stephen Bilkis & Associates are highly experienced drug crime attorneys. If you have been charged with a drug related offense, and are in need of an experienced drug crime lawyer, call us immediately at 1-800-NY-NY-LAW for a free consultation.
The most severe penalties involve drugs listed in Schedule I and the least severe penalties involve Schedule V drugs. Schedule I drugs have a high potential for abuse and have no accepted medical use (heroin, LSD and marijuana). Schedule II drugs have a high potential for abuse and severe dependence, but have an accepted medical use (PCP, cocaine, methadone and methamphetamine). Schedule III drugs have a potential for moderate dependency and an accepted medical use (anabolic steroids and codeine). Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency and are accepted in medical treatment (Vicodin, Oxycotton and Xanax). Schedule V drugs have a low potential for abuse, limited risk for dependency and have an accepted medical use (cough medicines with codeine).
Simple possession is when an individual knowingly and intentionally possesses a scheduled drug without a valid prescription. It must be proven that the accused individual knew the drug was a controlled substance and that he or she had physical possession of substance. In this situation, sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender and a maximum of three years in prison for a third or higher offender.
Enterprise Corruption may be charged when a person is accused of having committed a drug crime as part of a continuing enterprise or scheme in which other individuals are involved. In order for a person to be convicted of Enterprise Corruption, that individual must be employed by or associated with a criminal enterprise, and, acting with the intent to participate in or advance the affairs of that criminal enterprise, he or she must intentionally conduct or participate in the affairs of that criminal enterprise.
If you have been charged with a drug-related offense, you will need the assistance of an experienced criminal defense lawyer specializing in fighting drug crimes.
Stephen Bilkis & Associates are highly experienced drug crime attorneys. If you have been charged with a drug related offense, and are in need of an experienced drug crime lawyer, call us immediately at 1-800-NY-NY-LAW for a free consultation.