A drug possession charge in Newburgh, New York, can affect many aspects of your life. Whether you’re facing a misdemeanor possession charge or a serious felony, the consequences can extend beyond the criminal case and affect your career and personal life.
New York drug laws are complicated for someone who isn’t trained in the law, but when you work with the right legal team, they can evaluate the allegations and develop a defense based on the circumstances of your case. Reach out to Larkin Ingrassia Andrews Criminal Defense Attorneys today at (845) 566-5345 to schedule a free consultation with a Newburgh drug possession lawyer.
Why Hire Larkin Ingrassia Andrews Criminal Defense Attorneys if You’re Arrested for Drug Possession in Newburgh, NY?
People arrested for drug possession in Newburgh, NY, often reach out to Larkin Ingrassia Andrews Criminal Defense Attorneys for our extensive criminal defense experience.
When you hire our Newburgh drug crimes attorneys, you benefit from:
- More than 50 years of combined experience
- Recognition among The National Trial Lawyers Top 100
- A true team approach, with the firm’s partners, associates, paralegals, investigators, and support staff collaborating on your defense
- Legal help available in both English and Spanish
The defense available in a drug crimes case depends on the evidence, the circumstances of the arrest, and the specific charge involved. Contact us today to schedule a free consultation with a Newburgh criminal defense lawyer.
Overview of Drug Possession in New York
New York law criminalizes the knowing and unlawful possession of controlled substances, covering drugs like heroin, cocaine, methamphetamine, and prescription medications possessed without a valid prescription. The seriousness of a possession charge depends primarily on the type of drug involved and the amount.
Possession also doesn’t just mean that something was found in your pocket or in your hand. Prosecutors may rely on a theory of constructive possession when drugs are not found directly on a person. In those cases, the circumstances must support the allegation that the defendant exercised sufficient dominion or control over the area where the drugs were found or over the person who possessed them.
A Newburgh drug crimes lawyer from our firm can evaluate the specific circumstances of your arrest and vigorously defend your rights against these serious allegations.
What Are the Penalties for Drug Possession in Newburgh, New York?
Drug possession penalties in New York range from a Class A misdemeanor to a Class A-I felony. Even small differences in the weight of a drug can change the level of the offense and the potential sentence.
For a first felony drug offender, possible incarceration ranges can include the following, although the sentence available in a particular case depends on the offense and applicable sentencing provisions:
- Criminal possession in the seventh degree is the lowest-level offense. It is a Class A misdemeanor punishable by up to 364 days in jail.
- Class D felony possession can generally carry 1 to 2.5 years in prison when a determinate prison sentence is imposed on a first felony drug offender.
- Class C felony possession can generally carry 1 to 5.5 years in prison when a determinate prison sentence is imposed on a first felony drug offender.
- Class B felony possession can generally carry 1 to 9 years in prison when a determinate prison sentence is imposed on a first felony drug offender.
- Class A-II and Class A-I felony drug offenses are subject to separate sentencing provisions and can carry substantially more serious prison terms.
Prison is not mandatory in every drug possession case. Depending on the charge, criminal history, and other circumstances, probation, judicial diversion, or another sentencing alternative may be available. The exact penalty depends on the specific drug, its weight, the circumstances surrounding the arrest, and prior felony convictions.
If you are facing drug possession charges in Newburgh, prompt legal intervention is critical to navigating the complexities of the New York penal system. Our Newburgh drug possession attorneys can review the allegations and help you understand what potential penalties you may be facing, as well as your options.
What Defenses Can Be Raised If I’m Arrested for Drug Possession?
Being arrested for drug possession isn’t a situation anyone wants to find themselves in, but just because you’ve been arrested doesn’t mean you will be convicted.
Several legal issues may be relevant to your defense, such as:
- Unlawful search and seizure: Challenging evidence obtained without a valid warrant or legal justification through a motion to suppress.
- Lack of knowledge or possession: Demonstrating that you did not knowingly possess the substance or exercise control over the area where it was found.
- Diversion or treatment options: Exploring eligibility for judicial diversion or treatment-based programs to resolve criminal charges.
Every case is different, and the strongest defense depends on the specific facts and evidence involved. Our Newburgh criminal defense attorneys can carefully analyze the unique circumstances of your situation to build a robust strategy tailored to your needs. Contact us today for a confidential consultation to begin crafting your defense.
Call Today to Schedule a Free Case Evaluation with Our Newburgh Drug Possession Lawyers
The decisions you make after a drug possession arrest can affect how your case proceeds. Early legal review gives your attorney an opportunity to examine the circumstances of the search, the alleged controlled substance, and the evidence prosecutors intend to use.
Larkin Ingrassia Andrews Criminal Defense Attorneys represents people facing drug possession charges in Newburgh and throughout Orange County. Contact our office today to schedule a free consultation and discuss the circumstances of your case with a Newburgh drug possession attorney.