In many cases, possession of a particular narcotic can apply as a misdemeanor or as a felony. Also known as crystal meth, methamphetamine differs in this regard, however, as it is usually a felony charge and rarely a misdemeanor. As such, it’s not surprising to know that the guidelines for sentencing are very strict, resulting in substantial time in prison if there is a conviction.
If you’re facing the serious charge of methamphetamine possession, it’s critical to obtain an experienced New York attorney to ensure you won’t end up behind bars. An attorney with years of experience will have the familiarity with regional, state and federal laws relevant to your case.
Methamphetamine is an extremely addictive and dangerous substance taken seriously by law enforcement and the courts. Because of this, most courts treat the cases with complete scrutiny and severity. On top of that, any New Yorker can tell you just how tough their state prosecutors are in the first place.
Methamphetamine possession charges regarding amounts less than half an ounce may be considered a Class A midemeanor in the state of New York, which can result in jail time for up to one year.
Amounts over half an ounce are considered at least a Class C felony in New York, which can result in up to five and a half years in prison. Those who face the charge a second time could end up in prison for eight years.
Amountst over 2 ounces are considered to be a Class A-II felony, which results in up to 10 years in prison. Those who face the charge a second time could spend up to 14 years in prison, whereas a violent offender might spend an additional 3 years behind bars.
In addition to penalties from the state of New York, a conviction would also carry out penalties under federal law, which are described in 21 U.S.C. § 844.
An offender who has never been convicted of methamphetamine possession in the past may be fined $1,000 or more. A second-time charge will result in a minimum fine of $2,500 as well as imprisonment for up to two years. A third-time charge results in a minimum fine of $5,000 in addition to imprisonment for up to three years.
The way we can handle your defense strategy ultimately differes depending on what your personal goals are and the particular facts of the case you’re facing. Regardless of these circumstances, our first approach is to understand what occurred that led to the arrest so we can determine whether or not any of your constitutional rights have been violated. If so, it is possible to suppress certain incriminating evidence or even have the case closed altogether.
Even if your case seems to be completely hopeless from your perspective, there are numerous options we can consider for all situations. It is important to discuss all possibilities with your lawyer and to determine what each one would mean as far as you’re concerned.
Some of these alternative options include drug courts that help provide rehabilitation to prevent future law-breaking, plea agreements that involve pleading guilty in exchange for a light consequence, or other diversions that can prevent incarceration provided you are able to satisfy the needs of the court.
If you are currently facing a methamphetamine possession charge in the state of New York, be sure to stop in and receive a free consultation from our experienced attorneys. Our attorneys are very familiar with state law and have handled hundreds of cases similar to yours before.