Addiction doesn’t excuse criminal behavior—but it can explain it. In New York criminal defense cases, substance use disorders often play a significant role in both the underlying offense and how the legal system responds. Whether the charge involves drug possession, theft, assault, or a DWI, addiction can be a critical factor in shaping the defense strategy, potential outcomes, and long-term solutions.
At O’Brien & Eggleston, our experienced Albany criminal defense attorneys understand that many of our clients are not hardened criminals—they are people struggling with addiction who found themselves in legal trouble because of it. Recognizing addiction’s role allows us to advocate for more compassionate, constructive outcomes.

Addiction and the Types of Charges It Can Influence in New York
Substance abuse can be tied to a wide range of criminal offenses. In many cases, the crime is not committed with malicious intent, but rather as a result of impaired judgment or desperation driven by addiction.
Common examples include:
These cases are often more complex than they appear on the surface. Addiction can cloud decision-making, escalate risky behavior, and trap people in a cycle of repeat offenses.
How Addiction Can Shape a New York Criminal Defense Strategy
When addiction is a contributing factor, it opens the door to legal strategies that focus not only on defense but also on rehabilitation. Courts and prosecutors are increasingly open to alternatives that prioritize treatment over punishment, particularly for non-violent offenses and first-time offenders.
As part of your defense, our attorneys may:
- Highlight your substance use disorder as a mitigating factor that impacted your behavior.
- Pursue participation in drug treatment court or other diversion programs that emphasize recovery.
- Negotiate for reduced charges or sentencing alternatives based on your commitment to treatment.
- Connect you with medical professionals or treatment programs that support your recovery journey.
These steps help with your legal defense and create a foundation for long-term change and stability.
New York’s Drug Treatment Courts and Diversion Programs
Drug treatment courts offer a valuable alternative to traditional prosecution in certain jurisdictions across New York, including counties like Albany, Broome, and Schenectady. These courts are designed for non-violent offenders who are ready to address their addiction and commit to a structured recovery program.
Participants must follow strict requirements, including:
- Attending treatment and counseling.
- Undergoing regular drug testing.
- Appearing frequently in court for progress updates.
- Avoiding further criminal conduct.
Successful completion can lead to reduced charges or even dismissal, helping individuals avoid the long-term consequences of a conviction.
Compassionate Defense Starts with Understanding
At O’Brien & Eggleston PLLC, we know that addiction is a deeply personal struggle that deserves understanding, not just punishment. If you or a loved one is facing criminal charges in New York and addiction is part of the story, we’re here to help.
We’ll work to ensure your case is handled with care, strategy, and a focus on your legal defense and future. Contact our Albany criminal defense lawyers today at 518-391-2369 or online for a confidential consultation and let us fight for the second chance you deserve.
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