Navigating Drug Trafficking Charges in New York: Understanding Severity and Defense Strategies
Of all drug crimes out there, drug trafficking is considered the most serious. It can be a violation of state and federal law resulting in investigation by the FBI or DEA, prosecution in federal court, and years spent in a federal prison upon a conviction. New York drug laws are notoriously complex and severe, bringing down heavy penalties for those who violate them. It is important that you understand what you are facing when accused of breaking drug laws and how vital it is to have an experienced and trusted defense attorney in your corner as soon as possible. This is never more important than when facing charges of being a major trafficker.
What Is a Major Drug Trafficker?
Under New York law, you can be considered a major trafficker when part of a drug organization that engages in $75,000 or more worth of illegal drug sales. If the aggregate sales of these substances adds up to $75,000 or more or if you are found in possession of controlled substances at one or more times with a six-month period that add up to a total value of $75,000 or more, you fit the definition. This is charged as a top felony, which is a Class A-1.
Penalties for a Class A-1 felony of drug trafficking include 15 up to 25 years in prison. A maximum prison term under New York law could be between 25 years and a life sentence along with fines that could be assessed up to $100,000. Seizure of drug-related assets may also be ordered.
Even drug traffickers who do not fit the definition of “major” as indicated above face serious penalties. You could be facing eight to 20 years in prison with a probation period of up to five years or a minimum of 12 to 20 years for those charged with repeat offenses. Fines in these cases can range from $5,000 upwards to $100,000 or double the monetary gain from the sales of the drugs.
Understanding Your Options in a Drug Case
If you are facing drug trafficking or any other type of drug charges, you need to understand where you stand and what your options may be. With the help of an attorney who is experienced in handling these types of cases in state or federal court, you may be able to avoid a conviction.
At O’Brien & Wood, PLLC, we can thoroughly investigate all aspects of your case to uncover any type of evidence favorable to you that can cast doubt on the prosecutor’s case. In some cases, negotiating a plea bargain may be the best option; this can lead to reduced charges or reduced sentencing. Our attorney will explore all options that may be available to you and advise you at every phase of the criminal justice process.
Every case is different. Charges will be based on the type of drug involved, the quantity, your previous criminal history, if any, and other circumstances. Our legal team has dealt with a wide variety of drug cases. We understand the consequences you are facing and will use our decades of combined experience, legal skills, and resources to help you achieve the best possible result.
Facing drug charges? Talk to a lawyer about your case in a free consultation. Contact us at 518-391-2369 to get started.