POSSESSION
In New York an arrest for possession of less than 1/8 of an ounce of heroin is classified as criminal possession in the 7th degree (New York State Penal Law § 220.03), a Class A misdemeanor which carries a penalty of up to one year in jail.
An arrest for possession of 1/8 of an ounce or more of cocaine or a cocaine mixture is classified as criminal possession in the 4th degree (New York State Penal Law § 220.09), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offenders could face 9 years.
An arrest for possession of ½ of an ounce or more of heroin or a heroin mixture is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offenders could face 15 years.
An arrest for possession of 4 ounces or more of heroin or a heroin mixture is classified as criminal possession in the 2nd degree (New York State Penal Law § 220.18), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in prison, and a previous violent offenders could face 17 years.
SALE
An arrest for possessing heroin with intent to sell or is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.
An arrest for selling less than ½ ounce of heroin is classified as criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.
An arrest for selling ½ ounce or more of heroin or a heroin mixture is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in jail, and a previous violent offenders could face 17 years.
An arrest for selling 2 ounces or more of herion or a heroin mixture is classified as criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 220.43), a Class A-I felony punishable by 8 to 20 years in prison. Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30 years.
Additional Information
Frequently asked Questions about Drug Crimes
Penalties for other Substances
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