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New York is tough on drugs. For the most part, this means penalizing possession of any controlled substance. However, some drugs are a greater concern for this and other states, causing state and federal laws to penalize some drugs charges harsher than others. Take heroin for example. This drug is back on the radar across the nation because of the devastating effects it has had in some high profile deaths. While it is a heavily penalized drug charge, it is possible to plead the penalties down to treatment for first time offenders.
What are the laws for heroin possession in New York? Possession charges occur for one of two reasons. First, the accused is in possession of the drug for personal use. Second, a person is in possession of heroin for sale or trafficking. Any of these situations could lead to serious penalties for the accused.
Under New York law, possession is when a person knowingly possesses any amount of heroin, and it is considered to be a Class A misdemeanor. It can become a felony charge when the accused is in possession of 500 mg or more. Sale is defined as selling any amount and is considered to be a Class De felony. This can increase if the accused is found in possession of a half-ounce or more of heroin. Finally, trafficking is considered a Class A-I felony.
Whether it is for possession, sale or trafficking, facing heroin charges is a serious situation. Thus, those accused of such a charge should take the time to understand the matter, what penalties one might face and to explore criminal defense options.
James L. Riotto
Criminal Defense Lawyer
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
Adam D. Staier
Of Counsel
About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…
William M. Swift
Associate Attorney
About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…
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Reviews and Ratings
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5.0/5.0Better call James! James is truly there when you need anything and always reachable.
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5.0/5.0Hello, my name is Michael. I’ve dealt with JAMES of multiple cases. I was facing some pretty harsh charges which James and his firm was able to get them reduced. They are very professional when it comes to communicating back-and-forth with me throu...
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5.0/5.0
I had a semi-complicated matter and they were able to get tickets, some from 20 years ago, dismissed. I would recommend!
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5.0/5.0
I was stopped by a trooper who stated I was going 84 mph in a 40 zone (I was In a 55 and not going *quite* that fast) which is an 11 point ticket that when convicted would result in a license suspension. The law office of James L. Risotto was able to...
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5.0/5.0
The Law Office of James L. Riotto provided immaculate service all through out my case and handled my concerns gracefully. I highly recommend their firm.
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