Nassau County Drug Crime Lawyers

Put a Former Prosecutor on Your Defense in Queens, Long Island, and Suffolk County

Drug crimes are complex legal matters, as charges often involve a range of factors like reasons for possession and the type and amount of the drug in question. Federal and state law treats drug charges very seriously, so it is critical that you hire an experienced defense lawyer to handle your case. Our attorneys at Ladis & Baldwin Law Group are former prosecutors who are deeply familiar with New York criminal law, especially as it has recently undergone significant changes. We know how to think like prosecutors and strategize against their claims, and we will put our detailed knowledge of the law to your advantage.

Schedule a free consultation with Ladis & Baldwin Law Group to get started on your defense immediately.

Penalties for Possession

To convict you for possession of a controlled substance in New York, prosecutors must prove the following elements beyond a reasonable doubt:

• the drug is classified as a controlled substance;
• you possessed the substance physically or constructively;
• you knowingly possessed the drug; and
• the possession was unlawful.

The penalties for illegal possession will range depending on the amount of the drug. For instance, possession of 8 or more ounces of narcotics is a Class A-1 felony punishable by 8-20 years in prison or $100,000 in fines. Otherwise, drug crimes will be charged as Class B to Class E felonies with a sentencing range of 1-9 years in prison or thousands in fines. A lawyer can better help you evaluate your situation and determine the sentencing the prosecutor may hold against you.

Penalties for Manufacturing, Sale, and Distribution

While New York criminalizes the use and possession of controlled substances, it also criminalizes the use and possession of compounds used to manufacture these drugs. The penalties for drug sale will depend on the nature of the offense, as New York law categorizes sale into 5 different degrees, with fifth-degree sale being the lowest offense level. 

All drug sale crimes are charged as felonies, and the penalties will range based on the offense level. Fifth-degree sale is punishable by 1-2.5 years in prison (for first-time offenders), while first-degree sale is punishable by:

• 8-20 years in prison for non-major cases, followed by 5 years of post-release supervision; 
• 12-20 years in prison for second felony drug offenders; or
• 15 years to life in prison for major drug traffickers.

Fines for first-degree sale will usually include a minimum of $5,000 or double the offender’s gain from their sale, or a maximum of $100,000.

New York’s Marijuana Laws

In March 2021, New York fully legalized the use of marijuana for medical and recreational use. In particular, those 21 years or older may possess up to 3 ounces of cannabis or up to 24 grams of concentrated cannabis. Exceeding these limits, however, will result in criminal penalties:

• 4-8 ounces – up to 1 year in jail and/or $1,000 in fines
• 8-16 ounces – 1-4 years in prison and/or $5,000 in fines 
• 16 ounces to 10 pounds – 1-7 years in prison and/or up to $5,000 in fines
• More than 10 pounds – 1-15 years in prison and/or up to $5,000 in fines

It is also legal for individuals 21 years or older to give up to 3 ounces of cannabis or up to 24 grams of concentrated cannabis to someone else (21 years or older) without payment. Otherwise, it is a crime to sell or distribute under the following circumstances:

• cultivating or selling up to 24 grams – up to 1 year in jail and/or up to $1,000 in fines
• 25 grams to 4 ounces – 1-4 years in prison and/or up to $5,000 in fines
• 4-16 ounces – 1-7 years in prison and/or up to $5,000 in fines
• More than 16 ounces – 1-15 years in prison and/or up to $5,000 in fines

Selling any amount of marijuana to a minor is also a crime punishable by 1-7 years in jail and/or up to $5,000 in fines.

If you have been charged with a drug crime in Nassau County, contact our team at Ladis & Baldwin Law Group to discuss your defense options. Every drug offense is different and will require a personalized defense strategy. As former prosecutors, our attorneys possess the unique knowledge and experience to develop a strong defense for you against your drug charges.

Let’s get started in a free initial consultation. Contact Ladis & Baldwin Law Group today.