Drug Possession

Rochester Drug Possession Lawyer

Defending Clients in Monroe County & the Surrounding Areas

Drug possession is a serious crime in New York. If you are convicted, you could face jail time, fines, and other penalties. Additionally, a drug conviction can have a lasting impact on your personal and professional life. If you are facing drug possession charges, it is important that you take the situation seriously and seek legal representation as soon as possible.

At Aaron M. Gavenda, Esq., we provide aggressive defense for clients facing drug possession charges in Rochester and the surrounding areas. We know the law, the system, and the best ways to fight for you. When you choose our firm, you can be confident that you are getting a lawyer who is committed to your best interests.

Call (585) 332-4501 or contact us online today to schedule a consultation with our drug possession attorney in Rochester.

What Is Drug Possession?

Drug possession is a crime in New York. Under state law, it is illegal to knowingly and unlawfully possess a controlled substance. This includes both illegal drugs and prescription medications that are not prescribed to you.

Some of the most commonly charged drug possession crimes in New York include:

  • Cocaine
  • Heroin
  • Marijuana
  • Methamphetamine
  • Prescription drugs

It is important to note that you can be charged with drug possession even if you do not have the drugs on your person. If you have control over the drugs, such as if they are in your car or in your home, you can still be charged with possession.

Penalties for Drug Possession in New York

Drug possession is a serious crime in New York. The penalties you face will depend on the type and amount of drugs you are accused of possessing, as well as other factors, such as whether you have any prior drug convictions.

Penalties for drug possession in New York include:

  • 7th-degree possession: This is the least serious drug possession charge in New York. It is a misdemeanor and is typically reserved for small amounts of drugs. If you are convicted, you could face up to 1 year in jail and a fine of up to $1,000.
  • 5th-degree possession: This is a felony charge and is typically reserved for larger amounts of drugs. If you are convicted, you could face up to 2.5 years in prison and a fine of up to $5,000.
  • 4th-degree possession: This is a felony charge and is typically reserved for even larger amounts of drugs. If you are convicted, you could face up to 4 years in prison and a fine of up to $5,000.
  • 3rd-degree possession: This is a felony charge and is typically reserved for very large amounts of drugs. If you are convicted, you could face up to 7 years in prison and a fine of up to $5,000.
  • 2nd-degree possession: This is a felony charge and is typically reserved for extremely large amounts of drugs. If you are convicted, you could face up to 15 years in prison and a fine of up to $100,000.
  • 1st-degree possession: This is the most serious drug possession charge in New York. It is a felony and is typically reserved for the largest amounts of drugs. If you are convicted, you could face up to 20 years in prison and a fine of up to $100,000.

In addition to these penalties, a drug conviction can have a lasting impact on your personal and professional life. You may have difficulty finding a job, getting into college, or securing housing. You may also lose your professional license and be unable to work in certain fields.

How Long Does a Drug Possession Charge Stay on Your Record?

In New York, a drug possession conviction will stay on your criminal record permanently. This means that it will be visible to anyone who conducts a background check on you, including employers, landlords, and educational institutions. A drug conviction can make it difficult to find a job, get into college, or secure housing.

However, if you are a first-time offender, you may be eligible for a diversion program. These programs allow you to complete a drug treatment program in exchange for having the charges against you dropped. If you successfully complete the program, you will not have a conviction on your record.

Can You Get a Drug Charge Expunged?

In New York, you cannot get a drug possession conviction expunged. This means that the conviction will stay on your record permanently. However, if you are a first-time offender, you may be eligible for a diversion program. These programs allow you to complete a drug treatment program in exchange for having the charges against you dropped. If you successfully complete the program, you will not have a conviction on your record.

Can You Get a Drug Charge Dropped?

If you are facing drug possession charges, you may be wondering if it is possible to get the charges dropped. The answer is that it depends on the specific circumstances of your case. In some cases, the prosecution may be willing to drop the charges if the evidence against you is weak or if there are other weaknesses in their case. In other cases, it may be possible to get the charges dropped by filing a motion to suppress the evidence. If the motion is successful, the prosecution may be forced to drop the charges.

Some of the most common defenses to drug possession charges include:

  • Illegal search and seizure: The police must have a valid search warrant or probable cause to search you or your property. If the police obtained the drugs illegally, your lawyer can file a motion to have the evidence suppressed. If the motion is successful, the prosecution may be forced to drop the charges.
  • Unlawful arrest: The police must have probable cause to arrest you. If the police did not have probable cause, your lawyer can file a motion to have the charges against you dropped.
  • Constructive possession: You can only be charged with drug possession if you knowingly and unlawfully possessed the drugs. If the drugs were not yours or if you did not know they were in your car or in your home, your lawyer can argue that you should not be convicted of drug possession.
  • Missing drugs: The prosecution must prove that the drugs they found are the drugs you are accused of possessing. If the drugs are missing or if the prosecution cannot prove that the drugs are the drugs you are accused of possessing, your lawyer can argue that you should not be convicted of drug possession.

At Aaron M. Gavenda, Esq., we provide aggressive defense for clients facing drug possession charges in Rochester and the surrounding areas. Our attorney is a former prosecutor who has handled thousands of criminal cases. We know the law, the system, and the best ways to fight for you. When you choose our firm, you can be confident that you are getting a lawyer who is committed to your best interests.

How Can a Lawyer Help with Drug Possession Charges?

If you are facing drug possession charges, you need a lawyer on your side. An experienced attorney can help you understand your rights and options and guide you through the legal process. They can also help you build a strong defense and fight for the best possible outcome in your case.

Some of the ways a lawyer can help with drug possession charges include:

  • Investigating the case: Your lawyer will conduct a thorough investigation into the charges against you. They will review the evidence, interview witnesses, and look for any weaknesses in the prosecution’s case.
  • Challenging the evidence: If the police obtained the drugs illegally, your lawyer can file a motion to have the evidence suppressed. If the motion is successful, the prosecution may be forced to drop the charges.
  • Negotiating with the prosecution: In some cases, it may be possible to negotiate a plea deal with the prosecution. Your lawyer can help you understand your options and fight for a favorable plea agreement.
  • Representing you in court: If your case goes to trial, your lawyer can represent you in court. They will present a strong defense and fight to protect your rights and freedom.

At Aaron M. Gavenda, Esq., we provide aggressive defense for clients facing drug possession charges in Rochester and the surrounding areas. Our attorney is a former prosecutor who has handled thousands of criminal cases. We know the law, the system, and the best ways to fight for you. When you choose our firm, you can be confident that you are getting a lawyer who is committed to your best interests.

How Can a Lawyer Help with Drug Possession Charges?

If you are facing drug possession charges, you need a lawyer on your side. An experienced attorney can help you understand your rights and options and guide you through the legal process. They can also help you build a strong defense and fight for the best possible outcome in your case.

Some of the ways a lawyer can help with drug possession charges include:

  • Investigating the case: Your lawyer will conduct a thorough investigation into the charges against you. They will review the evidence, interview witnesses, and look for any weaknesses in the prosecution’s case.
  • Challenging the evidence: If the police obtained the drugs illegally, your lawyer can file a motion to have the evidence suppressed. If the motion is successful, the prosecution may be forced to drop the charges.
  • Negotiating with the prosecution: In some cases, it may be possible to negotiate a plea deal with the prosecution. Your lawyer can help you understand your options and fight for a favorable plea agreement.
  • Representing you in court: If your case goes to trial, your lawyer can represent you in court. They will present a strong defense and fight to protect your rights and freedom.

At Aaron M. Gavenda, Esq., we provide aggressive defense for clients facing drug possession charges in Rochester and the surrounding areas. Our attorney is a former prosecutor who has handled thousands of criminal cases. We know the law, the system, and the best ways to fight for you. When you choose our firm, you can be confident that you are getting a lawyer who is committed to your best interests.

Call (585) 332-4501 or contact us online today to schedule a consultation with our drug possession attorney in Rochester.

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