New York Heroin Possession Attorney

Protecting the Rights of the Accused in New York City

Criminal charges relating to drug crimes are serious and should be treated as such. In the state of New York, prosecution and law enforcement take criminal charges of this nature extremely seriously; if you are facing something such as this, it is vastly important that you do not hesitate to get serious defense on your side.

At the Law Offices of Brian D. Perskin, our legal team understands the stress that you are under and are therefore extremely dedicated to protecting the rights of our clients. You can be confident that if you seek out our legal representation that we will do everything possible to help you fight for your deserved outcome. Regardless of the exact circumstances that you are facing, you can breathe easier knowing that we will do everything in our power to defend your rights.

Heroin, also known as, diamorphine, is an extremely addictive and dangerous controlled substance in New York. Heroin is classified as a Schedule I Narcotic under New York's Public Health Law. The penalties for possessing the drug are as follows,

S 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 knowingly and unlawfully possesses a controlled substance.

Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

S 220.06 Criminal possession of a controlled substance in the fifth degree.

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

1. a controlled substance with intent to sell it; or

2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;

Criminal possession of a controlled substance in the fifth degree is a class D felony.

S 220.09 Criminal possession of a controlled substance in the fourth degree.

A person is guilty of criminal possession of a controlled substance in the fourth degree when he 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 one-eighth ounce or more; or

Criminal possession of a controlled substance in the fourth degree is a class C felony.

S 220.16 Criminal possession of a controlled substance in the third degree.

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

1. a narcotic drug with intent to sell it; or

Criminal possession of a controlled substance in the third degree is a class B felony.

S 220.18 Criminal possession of a controlled substance in the second degree.

A person is guilty of criminal possession of a controlled substance in the second degree when he 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 two ounces or more; or

Criminal possession of a controlled substance in the second degree is a class A-II felony.

S 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 knowingly and unlawfully possesses:

Criminal possession of a controlled substance in the first degree is a class A-I felony.

Sale of Heroin

Sale of Heroin is also a separate and distinct crime in New York, the various degrees are the following

S 220.31 Criminal sale of a controlled substance in the fifth degree.

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

Criminal sale of a controlled substance in the fifth degree is a class D felony.

S 220.34 Criminal sale of a controlled substance in the fourth degree.

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

1. a narcotic preparation; or

Criminal sale of a controlled substance in the fourth degree is a class C felony.

S 220.39 Criminal sale of a controlled substance in the third degree.

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

1. a narcotic drug; or

Criminal sale of a controlled substance in the third degree is a class B felony.

S 220.41 Criminal sale of a controlled substance in the second degree.

A person is guilty of criminal sale of a controlled substance in the second 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 one-half ounce or more; or

Criminal sale of a controlled substance in the second degree is a class A-II felony.

S 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

Criminal sale of a controlled substance in the first degree is a class A-I felony.

To schedule your initial case consultation, contact a NYC heroin possession lawyer from our firm today.