A Staten Island Marijuana Possession Defense Lawyer can explain that marijuana possession has gotten a lot of press lately. In 15 states, marijuana has become legal for medical purposes. This has caused confusion as to what is legal in terms of possession. While possessing small amounts of the drug is considered a violation rather than a criminal offense, being charged with possession of even greater amounts carries serious penalties. If you or a loved one has been charged with possession or other drug charge such as cocaine possession or heroin possession, it is important to speak with the legal team at Stephen Bilkis & Associates, PLLC for guidance. If convicted, you could be facing penalties that include jail time, large fines and probation.
New York Penal Law 221.05 defines the Unlawful Possession of Marijuana. This offense involves possessing 25 grams or less of the drug, and is a violation.
Our team commonly sees the charge of Criminal Possession of Marijuana in the 5th Degree. New York Penal Law 221.10 states that possessing marijuana, in public, in plain view, burning, or in an amount between 25 grams and 2 ounces is an A misdemeanor.
Another frequently seen charge is Possession with Intent to Distribute or Cultivating Marijuana, which involves the possession of 24 grams or less of marijuana and is for sale. With amounts between 25 grams and four ounces, the crime is classified as a C felony. If it is a first felony offense, it is punishable by between 1 1/3 to 4 years in prison. If between four ounces to one pound is involved, it is a D felony offense.
Possession of more than 8 ounces of marijuana elevates the offense to a felony. It is very important to obtain advice from our team if you have been charged with a marijuana related offense. There are new laws that allow felony offenses to qualify for judicial diversion programs. This means that rather than attending jail you could be eligible for a drug treatment program.
Our team can explain that they often see search and seizure problems with these types of cases. It is important to note that there must always be probable cause present for a search to be considered legal. In some cases, a valid search warrant must be issued before a legal search can be conducted.
If there have been errors committed during your search and seizure, it is important to be aware that a qualified legal team may be able to get your charges reduced, or even dismissed.
Because of the serious penalties involved, it is important to obtain the guidance of our team. We will create an aggressive defense strategy on your behalf and ensure that your rights are protected. With your first visit, you will receive a free consultation and sound legal guidance. We have offices to serve you in New York City including Manhattan, the Bronx, Brooklyn, and Staten Island. We also have locations in Nassau County, Suffolk County on Long Island and Westchester County. Call us today to schedule you free consultation at 800.696.9529.