Drug trafficking and drug use are both crimes in the state of New York, as they are in every other state in America, and also recognized as such at the Federal level. Because of this, there’s a broad amount of variation in what happens when a person is charged with a drug related crime, and what the severity of the penalty will be if the charges result in a conviction. People should educate themselves about what it means when drugs are involved in a crime, and how the consequences will play out.
State versus Federal
A drug related crime can be charged at the more local state level, but it can also be scaled up to be considered a Federal crime. Possessing or selling drugs is automatically considered a state crime, and, if there is ample evidence for a conviction, can result in either “simple” possession of drugs for personal use, or possession with intent to distribute.
Things change are more circumstances are added. For example, a charge of possession can be further complicated if someone is caught with the drugs in a driving while intoxicated charge. Possession with intent to distribute can similarly escalate if the person involved is in proximity to a school zone.
However, things become much more serious if the drug charges are at the Federal level. In the event that there is a death or injury related to the drug usage, a person is deliberately intending to sell drugs at a school where the students are under 18, or engages the services of someone under 18 to sell the drugs, these all constitute Federal crimes.
Regardless of whether someone is being charged at the state or Federal level, the best thing to do is engage the services of an experienced criminal defense attorney. Drug charges are serious offenses, and a conviction can have long lasting, negative impacts. A good criminal defense attorney can provide the guidance and knowledge required to deal with the courts and help resolve the situation in ways that can avoid the worst case scenario for a drug conviction. If you or someone you know is facing drug charges, get help immediately, and get a criminal defense attorney.