How Cocaine Charges Are Defined in the Bronx
Typically, the possession of cocaine will be charged by the state of New York. Cocaine is one of New York’s controlled substances, meaning it’s completely illegal to possess it, manufacture it or sell it. If you’re found knowingly possessing cocaine, New York courts will charge you with possession of a controlled substance. You don’t even have to have cocaine on you for law enforcement to arrest you for possession. As long as it’s found on any property belonging to you, including your car, house or another property, you could be indicted with a possession charge; This could even apply in situations where you don’t personally own the cocaine found. The exact charge that’s brought to court will depend on how much cocaine you possessed and the circumstances around the possession; Other factors can also cause sentencing to be much more severe. Factors that can change the charges involved and sentence served include possessing it near a school, selling cocaine and/or manufacturing cocaine.
If you’re found guilty of possessing cocaine, you could be facing huge penalties. These penalties will depend on the degree of possession you’re being charged with. The least severe charge for possession of cocaine is a 7th degree possession charge. This only applies if you had less than 500 milligrams, or half a gram, of cocaine. It is a Class A misdemeanor charge and most courts will sentence you to probation or a small time in jail for cases like these, which is especially true if you’re a first-time offender; However, it could carry a max sentence of one year in jail. Next, you have fifth degree possession, which applies in situations where you possessed at least 500 milligrams of cocaine but under 3.5 grams; You also might automatically receive this charge irregardless of the amount of cocaine in your possession if the courts believe you had the intent to sell. It is a Class C felony, and it typically carries a minimum sentence of one year in prison, but the maximum sentence could be two years and six months. Fourth degree possession is a Class C felony. You may receive this charge if you possessed at least 3.5 grams and no more than 14 grams. It will typically carry a sentence to prison for at least a year; A maximum sentence could entail a strict sentence of five years and six months. You can still receive probation. If you possess at least 14 grams but less than a total of 4 ounces of cocaine, you’ll be charged with third degree possession. This is Class B felony and prison sentences can range anywhere from one to nine years. There is still the possibility for probation with these charges. Having at least 4 ounces but less than 8 ounces of cocaine will be a second degree charge. It’s a Class A-11 charge that’s a felony, meaning it will carry a minimum of three years in prison if you’re found guilty which could rise to 10 years depending on the circumstances surrounding the charge. There is no possibility for traditional probation, but the courts may offer lifetime probation. Lastly, you have possession of cocaine on the first degree. You’ll receive this charge whenever you have 8 ounces or more of cocaine in your possession. This is a Class A-1 felony and it will carry a minimum of 8 years in prison with no possibility for probation, with the possibility of being up to 20 years in prison. All of the penalties mentioned above are for first-time offenders. If you have previous drug charges or you have previous violent felony charges, prison sentences could be much stricter. You could also have charges and/or penalties reduced if you accept a plea deal.