NYC Heroin Defense Attorney

Federal Laws On Heroin Possession With Intent To Sell Or Deliver

Unlike New York State laws, the federal government does not mandate proof of sales to charge individuals with possession with intent to sell or deliver. 21 U.S. Code section 841 details what repercussions a defendant may face if they are charged federally in this regard without any evidence of sales being required as per usual. Depending on the amount of heroin you possess, these charges will be elevated from simple possession and could lead to dire consequences when facing court proceedings.

• For less than 100 grams of a heroin-containing mixture, you could face a maximum of 20 years imprisonment and a maximum million-dollar fine.
• For 100 grams or more of a heroin-containing mixture but less than a kilogram, you could face a minimum of five years imprisonment and up to 40 years incarceration. You also could be fined up to $2 million.
• For one kilogram or more of heroin or a heroin-containing mixture, you face a mandatory minimum of 10 years imprisonment and up to life in jail, as well as a fine of up to $4 million.

Penalties For Heroin Possession In New York

For those caught possessing heroin in New York, the penalties can be severe. Depending on the number of drugs and whether or not they were intended for sale, a person might face as little as one-year of imprisonment (Class A misdemeanor) to up to 15 years behind bars (Class C felony).

The consequences for those who are apprehended while having heroin on their person with the intention to sell can be incredibly severe. Depending on the scenario, they could face a Class D Felony which carries up to 7 years of incarceration or even a Class A-I Felony which comes with life imprisonment as its maximum sentence.

It’s important to note that these are the maximum penalties and the actual sentence an individual may receive would depend on a number of factors, including their prior criminal record and the circumstances of the offense. Additionally, drug-related charges often carry mandatory minimum sentences in New York, so individuals convicted of drug offenses may receive sentences that are longer than the maximum penalties mentioned above.

Frequently Asked Questions

Can My Record Be Sealed Of Heroin Charges In New York?

In New York, whether or not your record for a heroin charge can be sealed depends on several factors, including the circumstances surrounding the charge, the outcome of your case, and the length of time that has passed since the completion of your sentence.

Generally speaking, if you were convicted of a crime in New York, the record of that conviction cannot be sealed. However, if you were charged with a crime but the case was dismissed or you were acquitted, you may be eligible to have your arrest record sealed. In some cases, you may also be eligible to have your conviction record sealed if you were convicted of a non-violent crime and have successfully completed your sentence, including any probation or parole, and a certain amount of time has passed.

If you want to explore the possibility of having your record sealed, you should contact an experienced criminal defense attorney who can advise you on the specific laws and procedures in New York, as well as your eligibility for record sealing.

Can I Be Deported For Heroin Charges In New York?

Yes, you may be deported for heroin charges in New York if you are not a U.S. citizen. Under federal immigration law, non-citizens who are convicted of certain crimes, including drug offenses such as heroin possession or trafficking, can be subject to deportation. This means that even if you have lived in the United States for many years if you are convicted of a drug crime, you may be removed from the country.

It’s important to note that even if you are not convicted of a crime, simply being arrested for a drug offense can trigger immigration proceedings and lead to deportation.

If you are a non-citizen facing heroin charges in New York, it is highly recommended that you seek the advice of an experienced immigration attorney who can advise you on the potential immigration consequences of your case, as well as help you navigate the legal process and protect your rights.

Contact Our NYC Heroin Defense Attorney Today

Heroin drug charges in New York are among the most severe according to Penal Law. Even possessing a minuscule amount of an opioid can result in felony accusations, and penalties will only become more intense as the quantity increases, potentially including minimum jail time for distributing or selling heroin or other opiates.

If you are facing any charges related to a controlled substance, it is essential that you seek the legal expertise of an experienced NYC heroin defense attorney. Your lawyer will examine toxicology reports, file motions for the exclusion of illegally obtained evidence in court, and work aggressively on your behalf. Don’t hesitate to reach out to Sosinsky Law today for a confidential and free consultation about your case and explore what options may be available to you.