New York & Federal Laws & Penalties for Heroin

New York State Possession and Sale of Heroin

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.

Have you been charged with a heroin drug offense in New York?

Contact us today for a free consultation: (646) 742-9800

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.

Possession of Heroin – New York State


Criminal possession in the 7th degree (New York State Penal Law § 220.03)

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.

Criminal possession in the 4th degree (New York State Penal Law § 220.09)

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.

Criminal possession in the 3rd degree (New York State Penal Law § 220.16)

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.

Criminal possession in the 2nd degree (New York State Penal Law § 220.18)

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.

Criminal possession in the 1st degree (New York State Penal Law § 220.21)

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.

 

Sale of Heroin – New York State


Criminal possession in the 3rd degree (New York State Penal Law § 220.16)

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.

Criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39)

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.

Criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41)

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.

Criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 220.43)

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.

Arrested?
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Federal Penalties for Heroin


Possession of Heroin

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):

  • A first conviction for possession of any amount of heroin is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
  • second conviction for possession of any amount of heroin is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
  • third conviction for possession of any amount of heroin is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.

Sale of Heroin

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):

  • Sale or possession with intent to sell less than 100g of a mixture containing heroin is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
  • Sale or possession with intent to sell 100g or more but less than 1kg  of a mixture containing heroin is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.
  • Sale or possession with intent to sell 1kg or more  of a mixture containing heroin is punishable by up a minimum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.

 

Additional Information

 

Have you been charged with a heroin-related crime in New York?

Contact us today for a free consultation: (646) 742-9800