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Are You Facing Charges of Drug Sale or Drug Possession in Nassau, Suffolk or Queens County?

 

The prosecution of drug charges in New York State are taken very seriously, especially in Nassau, Suffolk and Queens counties. The most serious charges are A-I felonies and include criminal possession of a controlled substance in the first degree and criminal sale of a controlled substance in the first degree. (Both offenses are defined below) A conviction to either charge can carry a life sentence. The New York State legislature even enacted legislation making it a presumption that if illegal drugs are found in the common area of an automobile or in an open room in a private residence everyone in proximity to the drugs can be charged under certain circumstances. (See criminal possession presumption listed below) Having an experienced attorney represent you in court when facing drug charges is extremely important, as the outcome of your case can impact the rest of your life and your freedom. At the Law Office of David Galison, P.C., we know the consequences of a conviction and we will fight to ensure that your rights are protected. We handle all felony drug charges from an A-I to an E felony whether it is possession or sale or both. Call the office today to schedule a Free Consultation to see how we can assist you, 516-242-4477.

 

In addition to the felonies listed above the Law Office of David Galison, P.C., can also represent you in connection with misdemeanor drug charges. We appear routinely in Nassau, Suffolk and Queens counties and offer a Free Consultation to review your case. We understand that the stigma associated with a criminal conviction to any drug charge can follow you for the rest of your life. Employers often do background checks eliminating candidates from a position if they have a criminal record. Professional licenses can be revoked upon a conviction, and driver’s licenses can be revoked.

 

At the Law Office of David Galison, P.C., we handle the following types of possession and/or sale cases:

 

• Prescription Drugs without a prescription

• Cocaine

• Crack

• Heroine

• MDMA (Ecstasy)

• Marijuana

• LSD

• PCP (Angel Dust)

• Inhalants

• Hydrocodone

• Methamphetamine (Crystal Meth)

• Steroids

 

Given the possible repercussions of a conviction for drug possession and/or sale, it is of vital importance that you select a law firm that is going to protect your rights. At the Law Office of David Galison, P.C., we are experienced trial litigators who will advise you in the legalities pertaining to your case. Call us today at 516-242-4477 for a FREE Consultation/Legal Review of your case and see how we can help you.

 

Penal Law Statutes

 

§ 220.21 Criminal possession of a controlled substance in the first degree.

 

A person is guilty of criminal possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:

 

1. One or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or

 

2. Methadone and said methadone weighs five thousand seven hundred sixty milligrams or more. Criminal possession of a controlled substance in the first degree is a class A-I felony.

 

§ 220.03 Criminal possession of a controlled substance in the seventh degree.

 

A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance;

 

provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law. Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

 

§ 220.43 Criminal sale of a controlled substance in the first degree.

 

A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells:

 

1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or

 

2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more. Criminal sale of a controlled substance in the first degree is a class A-I felony.

 

§ 220.25 Criminal possession of a controlled substance; presumption.

 

1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (c) when the controlled substance is concealed upon the person of one of the occupants.

 

2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person

 

§ 221.05 Unlawful Possession of Marihuana.

 

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.

 

Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

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Criminal Attorney Nassau County

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