In the state of New York, heroin carries a number of severe penalties as a result of its notoriety as a drug that is both extremely harmful and highly addictive. This article provides a summary of the state statutes that pertain to heroin in that jurisdiction and can be found in that state.
Discuss your situation with a criminal defense attorney in Syracuse.
The rules for heroin in the state of New York
Article 220 of the New York Penal Code governs the use and possession of controlled substances. Penalties for the illegal distribution, dispensing, or dispensing with intent to distribute a controlled substance are outlined in this article. Heroin is illegal in all forms of distribution and possession, so if you are caught with it you will likely go to jail.
Consequences of Heroin Possession
Heroin is a Class B substance in New York, meaning that possession of it can result in a third-degree felony charge. There is a maximum penalty of four years in prison and a fine of $5,000 for this class E felony. Possession in the second degree carries a possible 10-year prison sentence and a $1,000-$7,000 fine. This crime carries a possible maximum sentence of 25 years in prison and a fine of $100,000.
The New York City heroin market
In the state of New York, the penalties for selling heroin vary depending on how much of the drug was found during the investigation. As an illustration:
Possession of fewer than 500 milligrams carries a Class B felony penalty of up to nine years in prison.
Class A-II felonies carry up to 11 years in prison for possession of 500 milligrams to 2 grams.
When the amount in question is between two and four grams, possession is considered a punishable by up to 15 years in prison, while when the amount in question is between four and sixteen grams, possession is considered punishable by up to 25 years in prison.
A Class A-I felony, punishable by up to life in prison, is assigned to cases involving 16 grams to 2 ounces.
Whether you’ve been accused of selling or possessing heroin, knowing your rights is crucial. You may be able to reduce your penalties or have them dropped entirely by mounting a strong defense, but that will depend on the specifics of your case.
