New York and Westchester County Courts often treat drug offenses more seriously than all but the most serious violent crimes.
Mr. McMillan is a former New York State Prosecutor, with over twenty (20) years experience, in defending clients charged with drug crimes in Courts such as Manhattan, Queens, Bronx, Yonkers, White Plains, Mount Vernon, Mamaroneck, Port Chester, Greenburgh and New Rochelle.
Although the harsh mandatory sentences contained in the Rockefeller Drug Laws have been amended or repealed, New York State is still among the strictest in the nation in dealing with drug crimes.
For certain substances, like heroin, crystal methamphetamine and crack, New York State Laws require jail time, even for the possession of relatively minor amounts.
Our drug crime lawyers have experience defending clients charged with a wide range of drug crimes including drug possession, drug sale, possession of drug paraphernalia, drug trafficking and drug manufacture.
Drug crimes are broken down into six (6) degrees or categories in New York State. They include the following:Criminal Possession of a Controlled Substance
in the Seventh Degree (NYS PL 220.03)
The lowest subdivision of drug possession (criminal possession of a controlled substance in the seventh degree) does not apply to marijuana related offenses, which NYS consider to be more minor than other drug related offenses. There is no minimum quantity required for a criminal possession of a controlled substance in the seventh degree. The People must simply prove that enough of the substance was present that laboratory testing was able to determine its presence. This is true even if it was not a usable amount.
Criminal Possession of a Controlled Substance in the Sixth Degree was repealed in 1973.Criminal Possession of a Controlled Substance
in the Fifth Degree (NYS PL 220.06)
Criminal possession of a controlled substance in the fifth degree prohibits possession of drugs such as Cocaine, PCP, Ketamine, GHB (also known as taking the human growth hormone) in differing amounts.Criminal Possession of a Controlled Substance
in the Fourth Degree (NYS PL 220.09)
Criminal possession of a controlled substance in the fourth degree (a Class C felony) prohibits the possession or sale of drugs such as stimulants, crystal meth, LSD, PCP and hallucinogens.Criminal Possession of a Controlled Substance
in the Third Degree (NYS PL 220.16)
Criminal and possession of a controlled substance in the third degree (a Class B felony) prohibits the possession of most of the substances listed in CPCS 4 where there is evidence of an intent to sell them or where greater quantities are possessed.
Criminal Possession of a Controlled Substance in the Second Degree (NYS PL 220.18) and Criminal Possession of a Controlled Substance in the First Degree (NYS PL 220.21) are Class A and Class A1 Felonies, respectively. These crimes prohibit the possession of narcotics, stimulants, hallucinogens and methadone at much higher aggregate weights.
For all drug possession charges it is a complete defense in New York State to show that the person charged had no knowledge of the possession. This defense frequently arises in automobile related cases. New York State allows police to charge all of the occupants in a car with possession if drugs are found inside a car under a theory of constructive possession. However, a skilled drug attorney will produce evidence (including ownership of the vehicle or witness statements) showing the defendant had no knowledge).
Mr. McMillan is a Westchester drug crime lawyer who has obtained dismissals or substantial reductions of drug sale or drug possession crimes in the New York County Courts such as Queens, Bronx and Manhattan and the Westchester County Courts like Sleepy Hollow, Mamaroneck, Port Chester, Rye, Irvington, Greenburgh, New Rochelle, White Plains and Mount Vernon and the Connecticut courts including Stamford, Danbury and Bridgeport.
If you or someone you know has been arrested for drug sale or drug possession, contact Mr. McMillan immediately at (914) 358-4326 or on his 24 hour cell phone at 917-538-5016.