Information About Drug Possession Charges
Straight possession of a controlled substance is considered a crime both in New York and in the United States federal courts. Possession of a controlled substance is generally defined as being when a person,
“Knowingly or intentionally possesses a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order from, a licensed practitioner who was acting in the course of his professional practice, or except as otherwise authorized by law.”
Factors That Are Considered When Determining Sentencing
Sentencing options vary and depend on the type of substance and how much (weight) of the substance the defendant possessed. Mandatory minimums, including where the substance was possessed (300 feet of school zone) and if the defendant has any prior convictions, may also apply. Levels of purity are irrelevant as both New York and federal laws include “…any mixture of [controlled substance].” Therefore, it is crucial to hire a New York lawyer who knows state and federal drug laws, and how they are both prosecuted and defended, intimately.
Proving A Drug Possession Charge
In order to prove the defendant guilty of this offense, the State must prove three things beyond a reasonable doubt:
- That the substance in question is a controlled substance.
- That the defendant possessed some perceptible amount of that substance.
- That the defendant did so knowingly or intentionally.
Contact New York Lawyers Team
If you are charged with possession of a controlled substance, you need a criminal defense lawyer with unmatched experience defending against drug crimes, whether in state or federal court. New York Lawyers Team can help. We have years of experience successfully defending clients accused of state and federal drug crimes of every variety.