New York City Drug Crime Attorney

Defense Against Possession, Sales, Distribution and Manufacturing Charges

Drug-related offenses are some of the most common crimes in New York City and throughout the state. These crimes involve the illegal possession, cultivation, sales, distribution, transportation, and manufacturing of certain controlled substances, which are regulated by the government. Some controlled substances, such as cocaine, are completely illegal to possess or manufacture. Others, such as prescription drugs, are legal in certain circumstances. We represent clients throughout New York, including both Westchester and Rockland County, as well as The Bronx, Queens, Manhattan and Brooklyn.

If you are facing charges for drug crimes in New York City or Queens, do not hesitate to call our firm for a free consultation!

Types of Common Drug Offenses

A drug crime may be charged as a misdemeanor or a felony with varying penalties depending on the type of drug, the amount and the type of offense allegedly committed.

We take an aggressive stance in defending clients facing all types of drug crime offenses in state, federal and juvenile court, including:

Why work with Musa-Obregon & Associates?

Facing drug charges can be confusing and intimidating. Enlisting the guidance and support of a New York City criminal attorney may be the best thing you can do to protect your freedom, constitutional rights and future.

Our legal team at Musa-Obregon & Associates provides the following:

  • 100 years of collective experience
  • Led by a former prosecutor
  • We have a complete understanding of New York criminal procedure
  • History of success keeping clients out of spending time in jail

What are the drug crime penalties in Queens & NYC?

The specific penalties a defendant may face for a drug crime will vary depending on four primary factors:

  1. The type of drug
  2. The amount of drug
  3. The nature of the offense
  4. The defendant's criminal record, if any

Enhanced penalties and even mandatory jail time may apply if large quantities of a controlled substance are discovered. When law enforcement finds a significant amount of one or more controlled substances during a search, this may also lead to distribution or trafficking charges instead of simple possession.

5 Drug Schedules of Controlled Substances

Drugs are classified under state and federal law according to their tendency to lead to abuse, their medicinal value (if any) and their perceived danger to those who take them. According to the New York State Controlled Substances Act, there are five schedules of controlled substances.

The most dangerous are classified as schedule I substances, the second-most dangerous are classified as schedule II substances, and so on. The most serious penalties will apply to schedule I drugs, such as heroin, peyote, and ecstasy.

Drug Schedules of Some Common Drug Crimes

The classification of common drug crimes include:

    Possession of a dangerous drug: Possession or use of a dangerous drug is a class 4 felony, according to Arizona Statute 31-3407.

    Possession with intent to distribute or sell: Possessing a dangerous drug with the intent to sell it is a class 2 felony in the state of Arizona. A conviction can result in five years minimum imprisonment.

    Drug manufacturing: Manufacturing a dangerous drug in Arizona is a class 2 felony. If convicted, the punishment is a maximum 15 years imprisonment. If the offender had a prior drug conviction, the imprisonment maximum can increase to 20 years.

    Drug trafficking: Transportation of a dangerous drug, otherwise known as "trafficking" is a class 2 felony offense. It is illegal to transport drugs for the purpose of sale or import them into the state of Arizona. This is a federal offense.

Drug Crimes Charged as Felonies

Possession with the intent to distribute, distribution, manufacturing and trafficking are serious drug crimes that are often charged as felonies, and under New York drug laws, a defendant may face a mandatory prison sentence and heavy fines. First time, non-violent offenders may qualify for alternative sentencing in the form of treatment or rehabilitation in lieu of jail time.

Drug Crimes According to the New York Penal Codepaper signing

Drug possession is an offense detailed in Article 220 of the New York Penal Code. Criminal possession of a controlled substance can be charged in the first, second, third, fourth, fifth and seventh-degree. There are also separate statutes for criminal possession of certain narcotics such as methamphetamine manufacturing materials.

According to §220.21 of the New York codes:

A person is guilty of criminal possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or 2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more.

Selling drugs is also prohibited in Article 220 of the New York codes. It can be charged in the first, second, third, fourth and fifth degrees.

According to §220.43 of the New York codes:

A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or 2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

Call Musa-Obregon & Associates - Free Case Evaluation

If you have been arrested and are facing drug charges, all is not lost. Search and seizure violations or other errors or infringements upon your constitutional rights may pave the way for a successful defense against possession, distribution or even trafficking charges.

It takes a legal team that has the resources to investigate your case and the dedication to build the most compelling defense on your behalf, in spite of what seems to be an "open and shut" case to the prosecution. With 100 years of collective legal experience, the attorneys at Musa-Obregon & Associates are ready to fight for you. Get your free initial case evaluation with our highly experienced Queens defense attorneys today.

Find out more about your legal rights - contact a Quens drug crimes lawyer today.

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At Musa-Obregon & Associates, we are committed to helping clients from every background. To best serve our clients, we offer legal counsel in the following languages:

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our Locations:

  • Queens:

    2nd Floor,
    55-21 69th St
    Maspeth, NY 11378
    (718) 803-1000
  • New York City:

    757 Third Avenue,
    20th Floor
    New York, NY 10017
    (646) 363-6891
  • White Plains:

    199 Main Street,
    Suite 301
    White Plains, NY 10601
    (914) 721-0865