The penal law (criminal law) in New York prohibits illegal drug or controlled substance possession, drug or controlled substance sale, the use of drugs, controlled substances and the use or possession of drug paraphernalia.
There are several penal law (criminal law) felonies, misdemeanors and violations that can fall under the category of drug crimes. A list of some offenses is set forth below:
- Criminal possession of marijuana;
- Criminal sale of marijuana;
- Criminal possession of a controlled substance;
- Criminal sale of a controlled substance;
- Criminal possession of a hypodermic instrument;
- Criminal injection of a narcotic drug;
- Criminal use of drug paraphernalia;
- Criminal possession of precursors of controlled substances; and
- Criminal sale of a prescription for a controlled substance.
These charges include the possession and sale of narcotics, controlled substances and marijuana, and the cultivation, distribution, importation, trafficking and transportation of narcotics such as heroin and cocaine, controlled substances and marijuana.
Charges for drug crimes follow the same procedure as all other felonies and misdemeanors. For the court to accept a plea bargain the court usually requires the accused to complete a drug and alcohol program to try to assist the defendant in eliminating any drug habits.
The charges for drug crimes get more severe depending on the amount of drugs possessed. If the defendant possesses more than a certain amount of drugs the law presumes that the defendant possessed the drugs with the intent to sell them and the defendant is charged with a more severe crime. Up until very recently sentencing for possession of large amounts of controlled substances was statutorily imposed by the “Rockefeller Law”, which law required severe jail terms with the maximum being life imprisonment. There is a new complicated sentencing structure for drug crimes depending on the amount of the drugs and the past record of the defendant.
The following is a chart of sentences for felony drug crimes since the abolition of the Rockefeller Law:
New Sentencing Chart for Drug Offenses
Under Rockefeller Drug Law Reform
Class Felony |
Determinate Sentence Term |
Post-Release Supervision |
Probation Permitted |
A-I First Offense |
8 – 20 |
5 |
No |
A-I Prior Non-Violent |
12 – 24 |
5 |
No |
A-I Prior Violent |
15 – 30 |
5 |
No |
A-II First Offense |
3 – 10 |
5 |
Yes/Life1 |
A-II Prior Non-Violent |
6 – 14 |
5 |
Yes/Life1 |
A-II Prior Violent |
8 – 17 |
5 |
No |
B First Offense |
1 – 9 |
1 – 2 |
Yes/251 |
B Sale Near School |
2 – 9 |
1 – 2 |
Yes/251 |
B Prior Non-Violent |
3½– 12 |
1½ – 3 |
Yes/Life1 |
B Prior Violent |
6 – 15 |
1½ – 3 |
No |
C First Offense |
1 – 5½ |
1 – 2 |
Yes/5 |
C Prior Non-Violent |
2 – 8 |
1½ – 3 |
No |
C Prior Violent |
3½ – 9 |
1½ – 3 |
No |
D First Offense |
1 – 2½ |
1 |
Yes/5 |
D Prior Non-Violent |
1½ – 4 |
1 – 2 |
No |
D Prior Violent |
2½ – 4½ |
1 – 2 |
No |
E First Offense |
1 – 1½ |
1 |
Yes/5 |
E Prior Non-Violent |
1½ – 2 |
1 – 2 |
No |
E Prior Violent |
2 – 2½ |
1 – 2 |
No |
1 Requires recommendation of DA and material assistance in prosecution of drug offense.
There are several programs available to drug crime defendants that reduce or eliminate the need for jail based on successful completion of the program. The attorney for the defendant must get the defendant pre-approved for most of the available programs.
“The attorneys at the Law Offices of Paul A. Boronow, P.C. are fully versed in the sentencing guidelines for drug crimes and can many times work out a plea bargain that includes a reduced sentence.”
If you have been charged with a felony, misdemeanor or violation drug crime relative to narcotics, controlled substances or marijuana you should consult with experienced criminal law attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been defending individuals charged felony, misdemeanor and violation drug crimes across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
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