NYC Cocaine Possession Lawyer

Cocaine Possession Charges In New York City

Cocaine is a Schedule II drug under the New York State and Federal Controlled Substances Acts which categorize substances based on their level of risk. Drugs in Schedule I pose the most danger, while those in Schedule V are considered to be least hazardous.

If you have been accused of a drug-related offense, the potential penalties vary greatly depending on the substance schedule, your criminal history, and if it was just possession or something more serious such as intent to sell/traffic or distribution. It’s essential that you defend yourself against these accusations by enlisting help from an experienced NYC cocaine possession lawyer at Sosinsky Law who can provide legal representation for cocaine charges. Don’t wait until it’s too late; contact our firm right away after an arrest so we can give advice regarding how to plead out and guide you every step of the way in court proceedings.

Cocaine (Crack or Powder) Possession – New York

  • Less than 500mg is a Class A misdemeanor punishable by jail time for 1 year
  • 500mg or more is a Class D Felony punishable by jail time for 1-2.5 years (up to 4 for a subsequent offense, and up to 4.5 for a previous violent offender)
  • 1/8 oz or more is a Class C Felony punishable by jail time for 1-5.5 years (8/9)
  • ½ oz or more is a Class B Felony punishable by jail time for 1-9 years (12/15)
  • 4 oz or more is a Class A-II Felony punishable by jail time for 3-10 years (14/17)
  • 8 oz or more is a Class A-II Felony punishable by jail time for 8-20 years (24/30)

Cocaine (Crack or Powder) Sale – New York

  • Less than ½ oz is a Class B Felony punishable by imprisonment for 1-9 years (12/15)
  • ½ oz or more is a Class A-II Felony punishable by imprisonment for 3-10 years (14/17)
  • 2 oz or more is a Class A-I Felony punishable by imprisonment for 8-20 years (15/30)

Cocaine Possession (Crack or Powder) – Federal

  • First conviction: Max. 1 year in jail; min. $1,000
  • Second Conviction: Min. 15 days – max. 2 years in jail; min. $2,500
  • Third Conviction: Min. 90 days – max. 3 years; min. $5,000

Be aware that these penalties are exclusive to possession. In many situations, prosecutors will presume “intent to distribute” for having even a miniature amount of cocaine in your possession.

Powder Cocaine Sale – Federal

  • Less than 500g: Max. 20 years; max. $1 million
  • 500g or more: Min 5 – max. 40 years; max. $2 million
  • 5kg or more: Min 10 years – max. Life; max. $4 million

Take into account that these penalties are for first convictions and do not consider other potential conditions.

Crack Cocaine Sale – Federal

  • Less than 28g: Max. 20 years; max. $1 million
  • 28g or more: Min 5 – max. 40 years; max. $2 million
  • 280g or more: Min 10 years – max. Life; max. $4 million

Keep in mind that these are penalties for a first-time conviction without any other considerations taken into account.

School Zone Drug Possession

In New York State, the sale of most drugs is prohibited and drug-related crimes carry even greater consequences in or near a school zone. As schools must remain safe spaces for students, any breach of that security can be considered criminal activity. If someone you know has been charged with possession or distribution in a school zone, watch If you’re facing cocaine charges in or near a school zone, it’s critical that you speak with an experienced NYC cocaine possession lawyer right away to begin building your defense.

Arrest, Arraignment, And Sentencing For Cocaine Crimes

In the event that you are apprehended for carrying cocaine, law enforcement will take you to your local police station. Afterward, they’ll transfer you to Central Booking where you can expect a court appearance known as an arraignment hearing. Here is when all associated charges will be presented and revealed; although it may just amount to a single count of illegal possession or transportation of said substance. Furthermore, the prosecutor may upgrade your charges to include drug distribution, paraphernalia possession, or manufacturing depending on the situation. Additionally, even more serious offenses could be levied against you relying on what evidence and facts are presented in court.

If you’ve been charged with a class B, C, D, or E felony related to cocaine possession, then Drug Treatment Court may be an ideal alternative sentencing arrangement for you! All you have to do is demonstrate that alcohol and/or drug addiction is present before your arraignment. By requesting an evaluation of your current state at the time prior to pleading guilty and trial commencement, it will provide insight into whether Drug Treatment Court would benefit from this situation. A skilled NYC cocaine possession attorney can help you secure this alternative.

You may request a hearing with the judge, who will consider several factors in order to determine if you should be granted access to Drug Court Treatment. If given this opportunity and you agree, it is necessary for you to plead guilty to all criminal charges. Nevertheless, by succeeding in the provided treatment program your original sentences could be reduced or even waived completely.

Frequently Asked Questions

Is Cocaine Illegal in the US?

In the United States, it is prohibited to own, create, circulate, or sell cocaine as it has been acknowledged as one of the most addictive and dangerous drugs in existence. The Lancet, a well-known medical journal, states that cocaine places second on its list of twenty recreational drugs with regard to addiction and injury potential. Psychologically dependent users may suffer long-term harm to their hearts and brain if they continue using this substance; additionally, since cocaine is classified as a Schedule II drug any crimes related to this will carry serious consequences.

Is Cocaine Possession A Felony In New York?

If you are charged with cocaine possession in New York or any other serious offenses like burglary, robbery, white collar crime, or marijuana possession and carry more than two ounces of cocaine – it is considered an A-II Felony. Whereas if the quantity is over four ounces, then it is categorized as an A-I Felony. In such cases of dire criminal charges, don’t hesitate to seek professional legal assistance from our skilled NYC cocaine possession lawyer today.

Contact Our NYC Cocaine Possession Lawyer Today

If you stand accused of a cocaine-related offense, your first decision is to determine whether it’s best to plead guilty or not guilty. A highly experienced NYC cocaine attorney can assist in negotiating a favorable plea bargain that may lead to fewer charges and/or an amelioration of the sentence.

Furthermore, Sosinsky Law has the expertise needed for protecting evidence obtained through illegal searches from being used against you in court proceedings, as well as presenting doubt about your involvement with regards to any drug offenses. Most importantly, if there isn’t sufficient proof that could result in your conviction, we can help strengthen your case to avoid charges. Contact our criminal defense law firm today for a free consultation and to learn more about how we can help you build your defense.

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Case Results
A successful contractor was arrested and charged with felony possession of a loaded firearm and Class C felony possession of marijuana based upon the seizure of these items in a search pursuant to warrant. As has been well advertised, in almost all gun cases in NYC, prosecutors will insist on state prison sentences even for those willing to plead guilty. After presentation of mitigating evidence however, Mr. Sosinsky was able to negotiate a sentence of nine months in jail for his client, meaning his client was out in six months.
A young man who had been a heralded star high school hoopster in Brooklyn was indicted as part of a large multidefendant fraudulent check cashing conspiracy. The client unfortunately had previously been involved in a similar prosecution and worse yet had been arrested during the pendency of the federal case for yet again committing a similar offense. Notwithstanding these hurdles, Mr. Sosinsky was able to convince the federal judge to spare his client a prison sentence and allow him to earn his freedom while on probation.
Mr. Sosinsky represented a prominent attorney accused of assaulting and endangering the welfare of his 13 year son. It turned out that the child was being used as a pawn by the client’s ex-wife and that the incident at the heart of the case involved proper disciplining of a difficult and, at times, violent child. Eventually, the charges against the lawyer were dismissed.
Mr. Sosinsky obtained a verdict of not-guilty of murder in the execution style shooting of a young man involved in gang activities in Harlem, New York City. By demonstrating important differences in the description of the shooter from witnesses called by the prosecution, Mr. Sosinsky was able to raise valid doubts about the correctness of the identifications made at trial.
A few years back, Mr. Sosinsky represented a Manhattan man who was arrested after stabbing his wife in the neck numerous times with a knife in their Upper West Side apartment. The client was indicted for attempted murder. However, after having the client examined by a forensic psychiatrist, it became evident that a compelling insanity defense was in order. Eventually, the prosecutors involved were unable to adequately prepare to counter this defense and the case was dismissed.
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