July 31

New York State Drug Possession Laws

Possession of controlled dangerous substances (CDS) is regulated in every state, though the definition and the penalties for possession are vary depending on the state you’re in. New York State not only classifies well-known drugs like marijuana, heroin and cocaine as CDS, but the compounds used to manufacture them as well.

Controlled Dangerous Substance is divided into five schedules in New York. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction and no recognized medical value. Schedules II, III, IV, and V list those drugs which decrease in level of danger and probability of abuse, and increase in recognized medical uses.

Penalties for Possession of CDS in New York

In New York, it is illegal to possess CDS without a valid medical prescription. Penalties may vary according to the type and amount of CDS involved in the violation, as described below.

Class A-I felony

  • Possession of eight or more ounces of CDS listed as narcotic drugs; or 5,760 milligrams or more of methadone, is considered a class A-I felony.
  • Penalties include a fine of up to $100,000 and at least 15 (up to 25) years in prison or both.

Class A-II felony

If you possess the following specified amounts and types of CDS, it is classified a class A-II felony. Penalties include a fine of up to $50,000, at least three years (and up to eight years and four months) in prison, or both.

  • four or more ounces, but less than eight ounces, of CDS listed as narcotic drugs
  • two or more ounces of methamphetamine
  • ten grams or more of a CDS classified as a stimulant
  • 25 milligrams or more of lysergic acid (LSD)
  • 625 milligrams or more of a CDS classified as a hallucinogen
  • 25 grams or more of a hallucinogenic substance
  • 2,880 milligrams or more, but less than 5,760 milligrams of methadone

Class B felony

If you possess the following specified amounts and types of CDS, it is considered a Class B felony. Penalties include a fine of up to $30,000, prison term of up to 25 years, or both.

  • one half ounce or more, but less than four ounces of a narcotic drug
  • five grams or more, but less than ten grams of a stimulant
  • five milligrams or more, but less than 25 milligrams of LSD
  • five grams or more, but less than 25 grams of a hallucinogenic substance
  • 1,250 milligrams or more of phencyclidine (PCP)

Class C felony

It is a class C felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $15,000, prison term of up to 15 years, or both.

  • one eighth ounce or more but less than one half ounce of a narcotic CDS
  • one half ounce or more, but less than two ounces of methamphetamine
  • one gram or more, but less than five grams of a stimulant
  • one milligram or more, but less than five milligrams of LSD
  • 25 milligrams or more, but less than 625 milligrams of a hallucinogen
  • one gram or more, but less than five grams of a hallucinogenic substance
  • ten ounces or more of a CDS classified as a dangerous depressant
  • two pounds or more of a depressant
  • 250 milligrams or more, but less than 1,250 milligrams of PCP
  • 360 milligrams or more, but less than 2,880 milligrams of methadone
  • 4,000 grams or more of ketamine
  • 200 grams or more of gamma hydroxybutyric acid (GHB)

Class D felony

It is a class D felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $5,000, prison term of up to 7 years, or both.

  • one half ounce or more of a narcotic preparation
  • 50 milligrams or more, but less than 250 milligrams of PCP
  • 500 milligrams or more of cocaine
  • 1,000 milligrams or more, but less than 4,000 milligrams of ketamine
  • 28 grams or more, but less than 200 grams of GHB

Class A misdemeanor

It is a class A misdemeanor to possess any CDS not specified above (excluding marijuana), or amounts of CDS that are lower than the lowest amounts specified above. Penalties include a fine of up to $1,000, jail term of up to one year, or both.

Contact Drug Crime Attorney, Spring Valley at 845-459-0002 and 800-579-1605

Have you been charged with a drug crime in Spring Valley, NY? Call Reuven J. Epstein, drug crime attorney in Spring Valley to represent your case. You can call us at 845-459-0002 or 800-579-1605 or email us at info@reuvenjepsteinlaw.com / reuven@reuvenjepsteinlaw.com.

July 31

When Can a Defendant Win an Acquittal on Grounds of Insanity?

Insanity defense is based on the principle that punishment is justified only if the defendant is capable of controlling their behavior and has an understanding that what he or she has done is wrong. Some people suffering from mental disorders are incapable of differentiating right from wrong and therefore insanity defense prevents them from being criminally punished.  Defendants who are not found guilty by reason of insanity are sent to a mental institution until their sanity is established.

What happens to a defendant if he/ she is judged “incompetent to stand trial?”

Apart from insanity as a defense to criminal charges, the question may arise as to whether or not a defendant is mentally capable to face a trial. Defendants suffering from a mental disorder cannot be prosecuted because they are not in a position to understand the proceedings and assist in the preparation of their defense.

Based on the unusual behaviour of the defendant, a judge, prosecutor or a defense attorney may ask that the trial be delayed until the defendant has been examined and their ability to understand the proceedings has been determined in a court hearing. If a judge finds that a defendant does not comprehend what is going on, the defendant will probably be placed in a mental institution until their competence is re-established.

Contact Criminal Defense Lawyer in Spring Valley, NY

Whether you are accused of a misdemeanor or felony or another type of crime, Reuven J. Epstein, criminal defense attorney in Spring Valley, NY, is ready to fight for you. We have successfully defended the rights of numerous clients accused of serious crimes. Call 845-459-0002 to schedule your appointment with Attorney Reuven J. Epstein. You can also email us at info@reuvenjepsteinlaw.com / reuven@reuvenjepsteinlaw.com.

July 15

Man charged with DWI, heroin possession in Rockland

A 25-year-old man from Maybrook, Orange County faces a felony charge of driving while impaired by drugs, Orangetown police said Sunday. Jason Russio and his passenger, Eric Silverman, 28, of Nanuet, were in a 1997 Ford stopped by police for allegedly moving erratically at 3:12 a.m. Sunday on Townline Road. Read more…