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Drug Charge Lawyer Buffalo New York

If you have been charged in state court with drug possession or selling drugs near Buffalo, New York you will need an experienced criminal lawyer. Criminal cases involving drug possession and sales are common. People often turn to drugs as a way of coping with problems and later begin selling drugs as a way to support their habit.

Drug Possession Charges

Simple possession of a controlled substance or marijuana must be proved beyond a reasonable doubt. The elements of the crime involve proof that the substance was a controlled substance, that the defendant possessed the substance (or the defendant had "constructive possession"), that the defendant knew he was in possession of the drugs, and the possession was unlawful.

The Penalty for a defendant convicted of unlawful possession of marijuana (a violation) is subject to fine in an amount less than $250, or imprisonment of no more than 15 days (depends the nuber of times convicted).

The penalty for a defendant convicted of class A misdemeanor possession may be sentenced to on year.

The penalty for a defendant convicted of a class B, C, D, or E felony may be sentenced of a minimum of one year to a maximum of 1.5 to 9 years and substantial fines.

The penalty for a defendant convicted of a class A-1 felony may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000.

Drug Distribution & Sale.

A person is guilty of criminal sale of a controlled substance when he knowingly and unlawfully sells a controlled substance. New York classifies all convictions for distribution of controlled substances as felonies ranging from a D felony to an A Felony. The penalty for a defendant convicted of class D felony is punishable by 1 to 2.5 years in state prison. The penalty for a defendant convicted of class A felony is punishable by 8 to 20 years in state prison.

Free Consultations

Please call (716)-656-7676 for a free phone counsultation or CONTACT US for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

Stephen K. Underwood, Attorney at Law
1395 Union Road West Seneca, NY 14224
Phone: 716-656-7676 URL of Map