If you were charged with drug possession in Orange County, NY, Larkin Ingrassia Andrews Criminal Defense Attorneys can help you understand the charges and your legal options. An Orange County drug possession lawyer can review the circumstances of your arrest and potential defenses. Contact us today at (845) 566-5345 to schedule a free initial consultation.
New York drug possession charges range from misdemeanors to serious felonies depending on the controlled substance, quantity, and other circumstances. A conviction can result in criminal penalties and other consequences, making it important to understand the prosecution’s allegations and the evidence against you.
How Can Larkin Ingrassia Andrews Help With Drug Possession Charges in Orange County?
Larkin Ingrassia Andrews Criminal Defense Attorneys represents people facing criminal charges throughout Orange County, NY. An Orange County criminal defense lawyer from our firm can examine the prosecution’s allegations, evaluate how law enforcement obtained the evidence, and identify defenses that may apply to your case.
Depending on the circumstances, our legal team can:
- Investigate the circumstances surrounding your arrest
- Review how police searched you, your vehicle, or other property
- File motions to suppress evidence obtained in violation of your constitutional rights when appropriate
- Challenge the prosecution’s ability to prove that you knowingly and unlawfully possessed a controlled substance
- Explore whether drug court, diversion, or another alternative may be available
- Negotiate with prosecutors and seek to have charges dropped or reduced when appropriate
- Represent you at hearings and trial when necessary
Drug possession cases can raise complicated questions involving searches, possession, controlled-substance testing, and other evidence. An Orange County drug crimes attorney can evaluate the charges and explain possible defense strategies based on the facts of your case.
Contact us today to schedule a free initial consultation.
What Are the Degrees of Drug Possession in New York?
Drug possession in New York is governed by Article 220 of the Penal Law. Depending on the offense, a drug possession charge can range from a Class A misdemeanor to a Class A-I felony.
New York recognizes several degrees of criminal possession of a controlled substance:
- Criminal possession of a controlled substance in the seventh degree — Class A misdemeanor
- Criminal possession of a controlled substance in the fifth degree — Class D felony
- Criminal possession of a controlled substance in the fourth degree — Class C felony
- Criminal possession of a controlled substance in the third degree — Class B felony
- Criminal possession of a controlled substance in the second degree — Class A-II felony
- Criminal possession of a controlled substance in the first degree — Class A-I felony
Each degree has specific statutory elements. The applicable charge can depend on factors such as the type and quantity of the controlled substance and, for certain offenses, whether the prosecution alleges an intent to sell. Article 220 also contains substance-specific requirements, making the exact statutory charge important when evaluating a case.
The potential sentence can depend on the offense, a defendant’s criminal history, and other circumstances. A conviction may also have consequences beyond incarceration or other criminal penalties, including potential effects on employment and housing.
What Defenses Can Be Raised Against Drug Possession Charges?
The prosecution has the burden of proof and must prove each element of the charged offense beyond a reasonable doubt. Depending on the circumstances, a defendant may be able to challenge the prosecution’s evidence or raise a defense to the charge.
Potential issues and defenses can include:
- Unlawful search or seizure: Evidence obtained through a search or seizure that violated your constitutional rights may be subject to suppression.
- Lack of knowing possession: The prosecution must establish the required connection between you and the controlled substance. When drugs are found in a shared location rather than directly on your person, the prosecution may rely on a theory of constructive possession.
- Problems identifying the substance: The prosecution must establish that the substance involved satisfies the requirements of the charged offense.
- New York’s Good Samaritan protections: New York law provides limited protections for certain drug possession offenses when evidence is obtained because a person sought emergency medical assistance for an overdose or other qualifying medical emergency.
- Entrapment: Depending on the facts, entrapment may be a defense when law enforcement or someone acting in cooperation with law enforcement induced or encouraged conduct that otherwise would not have occurred.
The defenses available will depend on the specific charge, the evidence, and the circumstances surrounding the arrest. A criminal defense attorney can review these factors and determine which defenses may apply.
Schedule a Free Consultation With an Orange County Drug Possession Lawyer
A drug possession charge in Orange County, NY, can expose you to serious criminal and personal consequences, but being charged does not mean you have been convicted. The evidence, circumstances of the arrest, and specific offense alleged can all affect how a case proceeds.
Larkin Ingrassia Andrews Criminal Defense Attorneys can review the charges against you and explain your legal options. Contact us today to schedule a free initial consultation with an Orange County drug possession attorney.