Drug Possession

Rochester Drug Possession Lawyer

Understanding New York's Drug Possession Penalties

Drug possession is a common criminal charge in New York and the state’s criminal drug statutes are particularly harsh. New York’s drug possession laws are complex and make each drug possession case unique and subject to different penalties. However, they maintain one thing in common: the possibility of significant jail time.

If you have been charged with drug possession, a guilty plea is not always necessary. At my firm, Christopher K. Rodeman Attorney at Law, I have helped countless individuals assess the circumstances of their case and uncover details that challenge the state's allegations against them. I have 20 years of legal experience as a Rochester criminal defense attorney, and I do not hesitate to go to litigation and defend the rights of my clients.

Know your defense options before proceeding. Contact my firm today.

Key Elements in Rochester Drug Possession Defense

Drug possession cases are evaluated on a case-by-case basis. There is no single drug possession penalty and the severity of these charges is based on a number of very key factors.

Important elements of a drug possession charge:

  • The kind of substance involved. 
    New York categorizes controlled substances into "schedules" arranged by their addictive quality and possible medical use. So, for instance, heroin cases are more serious than prescription painkillers.
  • The amount of drugs found. 
    The larger the quantity of drugs found, the more severe the offense will be considered.
  • The "kind" of possession. 
    There is physical possession, such as finding drugs in the accused's hands or pocket, and constructive possession, which is finding drugs where it is assumed they are under the accused's control (like in a house, office, car, etc.). The kind of possession involved can be key to developing a strong defensive strategy.
  • The accused's criminal history. 
    First-time offenders are often looked at favorably in drug cases. Avoiding jail time becomes more likely.

Other factors, like if the arrest occurred in a school and how the drugs were packaged, could also factor into your case. Whatever the circumstances of your crime may be, however, it is essential that your case be reviewed by an experienced Rochester drug crime lawyer. I can help identify any probable cause issues or reasonable doubt. If addiction is also a factor, I can ensure that judge understands gravity of you condition.

It is possible to face your drug possession charges with confidence. Do not hesitate to contact me to request a free initial consultation today.