Brooklyn
Drug Crime
Attorney

It’s possible to face several drug charges in New York, depending on the nature of your offense. Some of the most commonly prosecuted drug crimes in Brooklyn include simple possession for personal consumption, possession with intent to sell, and drug trafficking. The severity of the penalties you face and whether you face misdemeanor or felony charges hinges on the type of drug involved in the case, the quantity of the drug in question, and the presence of any aggravating or mitigating factors.

New York follows the scheduling guidelines enforced by the Drug Enforcement Agency (DEA) of the United States. Schedule I drugs are substances perceived to have no medical value and a high potential for addiction and abuse. Examples of Schedule I drugs include heroin, ecstasy, LSD, and peyote. Schedule II includes drugs and controlled substances that may have medical value in particular circumstances but carry a high potential for abuse, such as morphine and methadone. Schedule III drugs are substances with high potential for abuse but have established medical value for various conditions, such as ketamine and Tylenol with codeine. Finally, schedule IV and Schedule V drugs include many substances available legally with a prescription or even over the counter but are illegal to purchase and sell on the street.

The penalty for a drug offense involving a Schedule I drug will be much more severe than an offense involving a Schedule II or Schedule III drug. Other factors the prosecution will consider include the quantity of the drug involved and evidence that the defendant intended to sell it or transport it across state or national borders. Other aggravating factors that can increase a defendant’s sentence include bodily harm to others or the use of a firearm when they committed their drug-related offense.