Penalties for heroin possession, sale, and trafficking are severe in the state of New York. This is due to the increased activity that has recently been noted. Both possession and sale of heroin remain a felony, as is trafficking in this type of controlled substance. This is the case under New York state law as well as federal law.
Penalties in New York for heroin possession
You will need to formulate a credible strategy of criminal defense after being charged with the possession of heroin. Possession of over 500 mg counts as a Class D felony.
Possession of over 1/8 of an ounce is a Class C felony. If you have over 1/2 of an ounce, it’s a Class B felony. Anything over 4 ounces is a Class A-II felony while any amount over 8 ounces is a Class A-I felony.
You should also be aware that being found in possession of any amount of a controlled substance with the intent to sell will constitute a Class D felony. If you are found in possession of any amount of a narcotic drug with intent to sell, this will count as a Class B felony. You should note that the laws have been revised to give higher penalties.
Penalties for the sale of heroin
Drug crimes involving the sale of heroin are considered felonies in the state of New York. If you are caught in the sale of over 1/2 ounce, it’s a Class A-II felony. If the amount you are selling is over 2 ounces, it will be a Class A-I felony.
Should you be caught selling heroin on school grounds or to anyone under the age of 21, your crime will be considered a Class B felony. You should also be aware that a conviction of being a major heroin trafficker will result in an automatic Class A-I felony.
Treatment for people who are considered low-level offenders is available. However, this does not mean that you can expect a lighter sentence if you are caught with a large amount of heroin.