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If you’ve been watching the news lately, you know that heroin addiction and heroin-related crimes are increasing in New York and throughout the country. As this epidemic grows, it’s also increasingly likely that you or someone you know may be affected by such a crime.
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If you haven’t been charged and are just seeking more information–you’ve also come to the right place. Below we’ve listed all of the resources you’ll need to understand the law and your rights regarding both possession and sale of heroin at the state or federal level.
In New York an arrest for possession of less than 1/8 of an ounce of heroin is classified as criminal possession in the 7th degree, a Class A misdemeanor which carries a penalty of up to one year in jail.
An arrest for possession of 1/8 of an ounce or more of cocaine or a cocaine mixture is classified as criminal possession in the 4th degree, a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offenders could face 9 years.
An arrest for possession of ½ of an ounce or more of heroin or a heroin mixture is classified as criminal possession in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offenders could face 15 years.
An arrest for possession of 4 ounces or more of heroin or a heroin mixture is classified as criminal possession in the 2nd degree, a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in prison, and a previous violent offenders could face 17 years.
An arrest for possession of 8 ounces or more of heroin or a heroin mixture is classified as criminal possession in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison. Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30 years.
An arrest for possessing heroin with intent to sell is classified as criminal possession in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.
An arrest for selling less than ½ ounce of heroin is classified as criminal sale of a controlled substance in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.
An arrest for selling ½ ounce or more of heroin or a heroin mixture is classified as criminal sale of a controlled substance in the 2nd degree, a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in jail, and a previous violent offenders could face 17 years.
An arrest for selling 2 ounces or more of heroin or a heroin mixture is classified as criminal sale of a controlled substance in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison. Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30 years.
The penalties for possession of heroin are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only. Possession of even a small amount will usually be charged as possession with intent to distribute):
The penalties for the of sale or possession with intent to sell heroin are set forth in 21 U.S.C. § 841
(*Note: these are the penalties for the first conviction with no enhancing factors):
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