NYC Marijuana Possession Lawyer

Marijuana Possession Charges in New York

Although there are increasing efforts nationwide to decriminalize entirely the possession and use of marijuana, in New York State possession and sale of marijuana is still very much a serious matter.  With the exception of those cases in which a person is found in possession of a very small amount of marijuana, New York still treats marijuana cases as criminal affairs and, often enough, sends people to jail and prison for violating the criminal laws against possessing and selling it. Depending on the amount of cannabis in question, you may be charged with a serious felony offense with the potential of years in state prison. And even in those cases which do not result in incarceration, a conviction for a marijuana-related offense may result in unforeseen consequences with a long-lasting impact. Thus,  hiring an experienced  NYC marijuana possession lawyer to defend against these charges is critical.  

Fred Sosinsky has successfully handled the cases of literally hundreds of clients charged in NYC with possessing and selling marijuana over his more than 30 years as a criminal defense attorney. From his work as a defense attorney to Wall Street traders to Board of Education teachers, from entrepreneurial young adults with delivery services to the five boroughs to major marijuana traffickers, Fred Sosinsky has won acquittals at trial, had evidence of large quantities of seized pot suppressed at evidentiary hearings, negotiated favorable plea bargains and of course, in scores of cases, had marijuana charges dismissed and sealed from records. If you are facing criminal charges of either possessing or selling marijuana here in New York, call NYC marijuana possession lawyer, Fred Sosinsky to discuss your very best options.

NYC Marijuana Possession Lawyer

Unlawful Possession of Marijuana in New York

In New York, the law continues to make it illegal to knowingly and unlawfully possess even a small quantity of marijuana. However, so long as the marijuana is not possessed in a public place by burning or in “public view” as that term is defined under the law and is less than 25 grams, the charge that may be brought is a “violation”, not a misdemeanor offense under the Penal Law.  Most often, when a person is charged with this violation of the law, rather than process a full-scale arrest where the accused is brought before a judge and arraigned on the charges, the police will issue a “Desk Appearance Ticket” requiring that the accused appear in court on a date in the near future. Although generally, the sentences for adjudications of guilt for the violation of unlawful possession of marijuana in New York include fines rather than incarceration, one’s searchable record may still reflect these low-level marijuana cases and adversely impact upon such things as professional licensure or certifications and continued receipt of public assistance.  

If a person is eligible, they may be able to resolve a case of unlawful possession of marijuana and gain dismissal and sealing of their record with what is called an “adjournment in contemplation of dismissal” or “ACD”. An ACD is a mechanism whereby after the passage of one years’  time, without additional court appearances necessary, the matter is dismissed and record sealed. Sometimes, the availability of an ACD is conditioned upon the performance of a day or two of community service or attendance at a short program. Revered drug possession lawyer Fred Sosinsky will always work to get his clients an ACD on all marijuana violation cases.

Criminal Possession of Marijuana in the Fifth Degree

Criminal Possession of Marijuana in the Fifth Degree is a Class B misdemeanor offense punishable by up to 90 days in jail. You may be charged with Criminal Possession of Marijuana in the Fifth Degree in New York if you knowingly and unlawfully possess any quantity of marijuana in a public place which is burning or in  “public view” as that term is defined in the law or knowingly and unlawfully possessing more than 25 grams of marijuana. Although this is a lesser marijuana possession charge, it’s still important to speak with a Brooklyn marijuana possession lawyer to build the best defense and possibly get your charges dropped.

Criminal Possession of Marijuana in the Fourth Degree

Criminal Possession of Marijuana in the Fourth Degree is a Class A misdemeanor offense punishable by up to one year in jail. You may be charged with this crime if you knowingly and unlawfully possess more than two ounces of marijuana. This is a common marijuana possession charge in New York, luckily, an experienced NYC marijuana possession attorney will be able to help build your defense.

Criminal Possession of Marijuana in the Third Degree

Criminal Possession of Marijuana in the Third Degree is a Class E felony offense punishable by up to years in prison. You may be charged with Criminal Possession of Marijuana in the Third Degree in New York if you knowingly and unlawfully possess more than eight ounces of marijuana.

Criminal Possession of Marijuana in the Second Degree

Criminal Possession of Marijuana in the Second Degree is a Class D felony offense punishable by up to years in prison. You may be charged with this crime if you knowingly and unlawfully possess more than sixteen (16) ounces of marijuana.

Criminal Possession of Marijuana in the First Degree

Criminal Possession of Marijuana in the First Degree is a Class C felony offense punishable by up to years in prison. You may be charged with Criminal Possession of Marijuana in the First Degree in New York if you knowingly and unlawfully possess more than ten (10) pounds of marijuana. 

NYC Marijuana Possession Attorney

Criminal Sale of Marijuana in New York

While, as noted, possession of a small amount of marijuana in New York may not be charged as a misdemeanor criminal offense, the sale or distribution of even a minimal amount of cannabis is still a serious matter here. Like marijuana possession charges in New York, the severity of charges for criminal sale of marijuana increases based on the amount of marijuana distributed. And as can be seen, it does not take much weed to make charges of criminal sale of marijuana serious felony offenses with lengthy state prison sentences authorized — and very much imposed by tough on drugs judges. An NYC marijuana possession lawyer will be able to guide you through the legal process and build the best defense based on your particular circumstances.

Criminal Sale of Marijuana in the Fifth Degree

Criminal Sale of Marijuana in the Fifth Degree is a Class B misdemeanor offense punishable by up to 90 days in jail. You may be charged with Criminal Sale of Marijuana in the Fifth Degree when knowingly and unlawfully sell two grams or less of marijuana or one marijuana cigarette but receive no consideration or payment for the marijuana.  

Criminal Sale of Marijuana in the Fourth Degree

Criminal Sale of Marijuana in the Fourth Degree is a Class A misdemeanor offense punishable by up to a year in jail. You may be charged with this crime if you knowingly and unlawfully sell less than 25 grams of marijuana. 

Criminal Sale of Marijuana in the Third Degree

Criminal Sale of Marijuana in the Third Degree is a Class E felony offense punishable by up to four years in prison.  You may be charged with this crime if you knowingly and unlawfully sell more than 25 grams of marijuana. 

Criminal Sale of Marijuana in the Second Degree

Criminal Sale of Marijuana in the Second Degree is a Class D felony punishable by up to seven years in prison. You may be charged with Criminal Sale of Marijuana in the Second Degree if you knowingly and unlawfully sell more than four ounces of marijuana or sell any quantity of marijuana to a person less than 18 years of age. 

Criminal Sale of Marijuana in the First Degree

Criminal Sale of Marijuana in the First Degree is a Class C felony punishable by up to fifteen (15) years in prison.  You may be charged with this crime if you knowingly and unlawfully sell more than sixteen (16) ounces of marijuana. This is a serious offense and it is advised to contact an expert Manhattan marijuana possession lawyer right away.

Contact The Top NYC Marijuana Possession Lawyer Today

There are a number of ways that NYC marijuana possession lawyer Fred Sosinsky can aggressively attack these charges.  

First, many marijuana possession charges in New York, especially those that charge crimes involving larger quantities of weed are dependent upon the sworn testimony of persons who themselves have been arrested and charged with serious narcotics offenses and who are trying through their “cooperation” with law enforcement to “work off” their charges.  Such witnesses have powerful motivations to lie about the involvement of others in their criminal wrongdoing. Over his three decades as a top-notch drug crime lawyer, Fred Sosinsky has been able to expose the falsehoods and contradictions these types of witnesses offer and has time and again shown juries why they should not trust their accounts. 

Second, if as often is the case, a prosecution is based upon police testimony alone, NYC marijuana possession attorney Fred Sosinsky has a proven track record of winning not guilty verdicts for his clients by establishing those law enforcement officers who testify at trial were not worthy of belief.  After thorough investigation, detailed preparation, and controlled cross-examination of police witnesses, Fred has destroyed the credibility of many prosecution witnesses in New York marijuana cases. 

Third, if there was a police search of either the accused or the accused’s vehicle or residence and marijuana or other evidence of weed distribution is recovered, Fred Sosinsky will vigorously challenge whether investigators had the constitutional right to have stopped the client, searched and seized the evidence.  If there was no warrant to search obtained,  there may be successful challenges made to the search.  Fred can contest a search which the police assert was conducted only after gaining permission or consent by showing that such consent was not voluntary. Even if the police did obtain a warrant, that warrant may be attacked or “controverted” based on a number of potential grounds.  

Fourth, Fred will always explore whether there is the possibility of an entrapment defense. 

Fifth, sometimes it can be shown that a person charged as acting together with the actual seller of weed, did not act as an accomplice to the seller of marijuana because instead, they were acting as accommodation for someone looking to buy marijuana and merely facilitated the transaction for that buyer.  If this is the case, there may be a winning agency defense under New York law. 

Finally, if after careful analysis, it is the better course to resolve a case of marijuana possession or sale rather than head toward a trial, Fred Sosinsky has 30 years of reaching agreements with prosecutors that are favorable by any measure. Because of his trial skills and record, Fred will be able to resolve cases in ways that plainly benefit his clients. 

No matter if you’re from Manhattan, Brooklyn, Queens, or the Bronx, if you are facing charges of criminal possession of marijuana in New York, let NYC marijuana possession lawyer Fred Sosinsky go to work on your behalf. To fight and win these marijuana possession charges, call Fred now.

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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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