Former Prosecutor Defending Against Drug Crime Charges
If you have been charged with a serious drug crime in New York, you know how serious the situation is. Prosecutors fight these cases aggressively, often seeking maximum possible sentences and throwing multiple charges at the accused. You need to fight back just as aggressively. There is no better weapon to win your criminal defense case than a former prosecutor who knows how to win.
At the law firm of Louis C. Mussari, Attorney at Law, you will find a lawyer who knows how to win. Buffalo attorney Louis C. Mussari spent nearly a decade serving as a criminal prosecutor in the Erie County District Attorney’s office. That experience gives him and all the firm’s clients a remarkable edge in criminal trials because he knows how the other side handles these cases. He knows how to find errors and break down a prosecutor’s case. If there is any way to get your case dismissed or to minimize the sentences you could face, attorney Louis C. Mussari will find it.
Possession Charges
Narcotics possession and sales: In New York, illegal drug possession generally is called the crime of criminal possession of a controlled substance. The severity of the criminal charge and the corresponding penalties for a conviction come in varying degrees based on the type of drug involved and the weight. These crimes range from a Class A misdemeanor all the way to a Class A-1 felony, a conviction for which brings 20 years imprisonment.
Sale Of Drugs And Trafficking
Criminal sale of a controlled substance is a serious criminal charge in New York. For larger amounts of a serious controlled substance, defendants can face drug trafficking charges, which bring significant fines and jail time. Also, possession of a very large amount or possession with additional evidence can lead to charges of possession with intent to deliver.
Another related crime involves the cultivation or manufacture of a controlled substance. These charges can involve everything from growing small amounts of marijuana to large operations manufacturing prescription opioids, fentanyl, cocaine, heroin and other synthetic drugs.
Marijuana Laws In New York
New York has some interesting marijuana laws. Although the drug is generally legal in the state, possession of more than four ounces is a crime. In fact, it’s a Class-D felony – criminal possession of a controlled substance.
Weapons Enhancements
Drug crimes are often elevated to more serious charges when weapons are found on the scene. When the police find firearms in conjunction with drug crimes, the charges can become much more severe.
Drug Crimes – Legal Overview
The tabs below contain some additional legal information on Drug Crimes in the State of New York.
- Statutes
- Possible Penalties
- Defense Strategies
At Louis C. Mussari Law Firm, we have a deep-rooted understanding of state drug crime statutes, ensuring that you receive the most informed and compassionate representation possible. Our mastery of these laws allows us to craft a defense strategy that is not only robust but also tailored to your unique circumstances. We stand committed to navigating the complexities of your case, providing you with the best chance for a favorable outcome.
Note: Please be aware that relevant statutes may change and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we bring years of specialized experience in drug crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding drug-related offenses allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.
Drug Possession Penalties
- 7th Degree: Possessing a controlled substance; Class A misdemeanor; Up to 1 year in prison; Up to $1,000 fine.
- 5th Degree: Possessing a controlled substance with intent to sell; Class D felony; 1 to 2.5 years in prison; Up to $5,000 fine.
- 1st Degree: Possessing at least 8 oz of a narcotic drug; Class A-I felony; 8 to 20 years in prison; Up to $100,000 fine.
Drug Sale Penalties
- 5th Degree: Selling a controlled substance; Class D felony; 1 to 2.5 years in prison; Up to $5,000 fine.
- 3rd Degree: Selling a narcotic drug; Class B felony; 1 to 9 years in prison; Up to $30,000 fine.
- 1st Degree: Selling at least 2 oz of a narcotic drug; Class A-I felony; 8 to 20 years in prison; Up to $100,000 fine.
Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive drug crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.
- Challenging the Stop/Search: Arguing that the evidence was obtained through an illegal stop or search, making it inadmissible in court.
- Wrong Person: Claiming mistaken identity and providing an alibi to prove you were not involved in the alleged drug transaction.
- Challenging Informant: Attacking the credibility of an informant or undercover police officer involved in the case.
- Challenging the Chain of Custody/Science: Questioning the handling and testing of the substance in question.
- Challenging the Evidence of a Sale: Arguing that the evidence only proves possession, not the sale of drugs.
- Claiming Entrapment: Asserting that law enforcement induced the defendant into committing a crime they would not have otherwise committed.
Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.
At Louis C. Mussari Law Firm, we have a deep-rooted understanding of state drug crime statutes, ensuring that you receive the most informed and compassionate representation possible. Our mastery of these laws allows us to craft a defense strategy that is not only robust but also tailored to your unique circumstances. We stand committed to navigating the complexities of your case, providing you with the best chance for a favorable outcome.
Note: Please be aware that relevant statutes may change and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we bring years of specialized experience in drug crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding drug-related offenses allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.
Drug Possession Penalties
- 7th Degree: Possessing a controlled substance; Class A misdemeanor; Up to 1 year in prison; Up to $1,000 fine.
- 5th Degree: Possessing a controlled substance with intent to sell; Class D felony; 1 to 2.5 years in prison; Up to $5,000 fine.
- 1st Degree: Possessing at least 8 oz of a narcotic drug; Class A-I felony; 8 to 20 years in prison; Up to $100,000 fine.
Drug Sale Penalties
- 5th Degree: Selling a controlled substance; Class D felony; 1 to 2.5 years in prison; Up to $5,000 fine.
- 3rd Degree: Selling a narcotic drug; Class B felony; 1 to 9 years in prison; Up to $30,000 fine.
- 1st Degree: Selling at least 2 oz of a narcotic drug; Class A-I felony; 8 to 20 years in prison; Up to $100,000 fine.
Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive drug crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.
- Challenging the Stop/Search: Arguing that the evidence was obtained through an illegal stop or search, making it inadmissible in court.
- Wrong Person: Claiming mistaken identity and providing an alibi to prove you were not involved in the alleged drug transaction.
- Challenging Informant: Attacking the credibility of an informant or undercover police officer involved in the case.
- Challenging the Chain of Custody/Science: Questioning the handling and testing of the substance in question.
- Challenging the Evidence of a Sale: Arguing that the evidence only proves possession, not the sale of drugs.
- Claiming Entrapment: Asserting that law enforcement induced the defendant into committing a crime they would not have otherwise committed.
Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.
Providing Strong, Strategic Defense
There are numerous avenues to explore when fighting drug charges. In many cases, the police violate the rights of the accused which, if used by the defense attorney, can invalidate evidence and destroy a prosecutor’s case. Also, prosecutors often throw additional charges onto a case to make it more difficult to negotiate and plea down. A good defense lawyer can see through this tactic and eliminate bunk charges.
In many cases, including first-offense and nonviolent drug offenses, there are alternative sentencing programs available to get treatment, minimize fines and, most importantly, avoid imprisonment.
Ask Yourself: Can You Afford Not To Call?
The decisions you make in the next days and weeks are critical. Will you get to keep living your life or will spend time in jail, pay thousands of dollars in fines, and suffer consequences for employment, education and where you live? Make the wise choice and call Louis C. Mussari, Attorney at Law, at 716-430-2147.