Drug possession offenses are some of the most commonly charged crimes here in New York City. This is hardly surprising – illegal drugs are commonplace throughout all areas of society in the city.

Unfortunately, the consequences of simply being charged with a drug crime are significant – and those consequences grow significantly if you end up with a drug crime conviction.

In this blog, we’ll explore the many consequences of drug convictions here in New York. If you’re facing a drug charge, we’ll also explain the steps you should be taking to reduce the impact of a charge or a conviction on various areas of your life. We’ll also explore the idea of ‘collateral consequences’ of drug crimes – i.e., the impact on your life that goes beyond just criminal proceedings.

Types of Drug Convictions and Associated Legal Consequences

New York’s drug laws can be broken down into four main areas – possession, sale, manufacturing, and trafficking.

Each of these categories of crime has different sentencing guidelines. As such, the crime you’re charged with or convicted of will carry significantly different consequences.

Drug possession crimes

Possession crimes can range from simple possession – where the controlled substance is intended purely for personal use – to possession with intent to distribute.

The amount of narcotics found in your possession can significantly impact the severity of the drug offense charge – ranging from Criminal Possession of a Controlled Substance in the Seventh Degree (typically classified as a Class A Misdemeanor) to Criminal Possession of a Controlled Substance in the First Degree (which could potentially carry a Class A-I Felony Conviction).

The sale of drugs

If you are found to have supplied drugs to someone else, you will face more serious charges than possession alone. This is because the sale of drugs is widely considered to be connected to drug-related violence and much greater harm to society.

Again, the amount of type of drugs you are thought to be selling have a significant impact on the level of charge you face – ranging from a Class B Felony through to a Class A-I Felony that could result in lengthy imprisonment.

Manufacturing drugs

If you are thought to be involved in any part of the manufacturing process of a narcotic drug, the charges you’ll face become extremely serious. Although the type of drug will be considered, drug manufacture charges carry severe sentences and large criminal fines ranging from a Class D Felony carrying a potential seven-year prison term through to Class A-I Felony, which can result in life imprisonment.

Trafficking drug offenses

If you are found to be handling large quantities of drugs, potentially as part of a network, you could face a trafficking charge. Since drug trafficking represents a serious danger to society, these kinds of crimes carry significant prison sentences, asset forfeiture, and extremely large criminal fines.

If you are thought to be at the top of a drug operation, you’ll almost certainly face a Class A-I Felony charge. At the lower end of the scale is a range of Class D and Class E Felony charges that all carry harsh prison sentences.

The full law surrounding drug crimes in New York

If you’d like to explore the fine detail of the law surrounding drug offenses, you can read the full legislation here – Article 220: Controlled Substances Offenses. You’ll find detailed definitions of different substances, along with the criminal penalties associated with each level of charge.

The Direct Consequences of a New York Drug Conviction

As you can see, even from our overview, the direct consequences of a drug conviction are significant. Although the nature of the offense and the way it is classified under the law will vary, it’s likely that a drug offense could lead to incarceration.

Shorter jail sentences for misdemeanors are common – but the time spent in prison increases significantly as the severity of the offense grows. Alongside jail or prison time, you can face serious fines – reaching up to $100,000 for the most serious offenses.

In addition to, or instead of, incarceration, courts may impose probationary periods. During a probation period, offenders must adhere to specific rules, such as regular meetings with a probation officer, mandatory drug tests, and avoiding further legal issues. Courts can also instruct offenders – even in low-level cases – to attend drug education classes or participate in rehabilitation programs.

Although probation and rehab programs are designed to prevent future drug use and related criminal behavior, they can be extremely disruptive if you have an already busy life.

Long-Term Legal Consequences

When you’re facing a drug charge, it’s normal to focus on the potential immediate legal consequences – but there are long-term legal consequences to think about too.

These include:

• Drug convictions appearing on your criminal record, making it harder to find employment or housing.
• Drug convictions showing up on background checks, making it far harder to find work that involves professional licensing or security clearance.
• A negative influence on parental rights, with courts potentially considering you unfit because of a drug felony.
• An effect on eligibility for federal student loans or other financial aid, making it hard to access education.
• Potential deportation or disqualification from obtaining citizenship or residency for non-U.S. citizens.

As such, a drug conviction can have lasting legal consequences that extend long after any incarceration or probation time is complete.

Impact of a Drug Conviction on Your Professional Life

While there are clear-cut legal consequences that relate to drug crimes, it’s important to consider ‘collateral consequences’ too. This is a term used to refer to consequences that extend beyond the justice system – many involving a person’s professional life.

These can often include:

Reduced employment opportunities

Many employers perform background checks at hiring. A drug conviction on your record could reduce your chances of securing employment. Employers may be hesitant to hire individuals with a criminal history, particularly in sectors like education, healthcare, law enforcement, and any roles involving children or vulnerable adults.

Hindered career advancement

Even if you are currently employed, a drug conviction might limit your ability to advance in your career. You might be passed over for promotions or other opportunities due to your conviction.

Denial of professional licensing

Many professions require state or federal licenses, such as nursing, law, teaching, and real estate. A drug conviction could lead to the denial, suspension, or revocation of professional licenses, severely limiting career options in these fields.

Barriers to security clearances

For jobs that require security clearances, such as government or defense-related positions, a drug conviction is likely to pose a significant barrier.

Damaged to your professional reputation

Beyond the concrete barriers to employment, a drug conviction can damage your professional reputation. In certain industries, maintaining a clean image is crucial, and a criminal conviction could harm your standing amongst colleagues and in your wider professional network.

On-going financial implications

Job loss or limited employment opportunities due to a conviction can lead to financial instability. There may also be legal costs associated with the conviction, adding further to the financial burden.

Effect of a Drug Conviction on Your Personal Life

A drug conviction can deeply impact your personal life, leading to a series of significant effects that extend beyond legal penalties.

• Relationships: The strain of dealing with a drug conviction can potentially damage relationships with family, friends, and romantic partners. This is particularly true if the conviction leads to incarceration, as maintaining relationships becomes more challenging.
• Stigma: A drug conviction often carries a societal stigma that can impact how others view you. This can lead to feelings of isolation and can affect both personal and professional relationships.
• Financial Stability: With potential job loss or difficulty in obtaining employment, you may face financial instability. Fines and the potential loss of income during incarceration can exacerbate these challenges.
• Physical Health: Incarceration can also impact physical health due to potentially poor conditions and limited access to healthcare. If the conviction is related to substance use, there may be ongoing health concerns related to that use.
• Mental Health: The stress and stigma associated with a drug conviction, along with the challenges of reintegrating into society, is thought to contribute to mental health issues like depression and anxiety.
• Life Progression: A conviction can disrupt life plans, such as attending school, starting a career, or building a family. Rebuilding life after a conviction requires significant effort and resilience.

How to Mitigate the Consequences of a Drug Conviction

Whether you’ve been arrested on suspicion of a drug offense – or you think an arrest might be imminent, it’s absolutely essential that you have an experienced criminal defense attorney on your side as quickly as possible. Even if your case has progressed and you’re soon to face court proceedings, it’s never too late to engage with a lawyer.

When you choose an experienced New York lawyer with a history of representing people accused of drug crimes, they will bring invaluable knowledge and perspectives to your case. The right attorney will be able to find weaknesses in the prosecution’s case, they’ll challenge the legality of seizures, and they’ll carefully scrutinize the drug identification in the lab.

A good attorney will never look straight toward a plea deal – but there are cases where it’s appropriate. If it’s beneficial for you, they will negotiate hard on your behalf, aiming for reduced charges or a lighter sentence. In some cases, incarceration can be reduced to probation – which can significantly change the course of your life.

In situations where your criminal case proceeds to trial, having a skilled defense attorney ensures your rights are well-protected. They present your case strongly, introduce favorable evidence, and contest the prosecution’s claims robustly. And if a conviction does occur, they can advocate for a more lenient sentence, arguing for factors that may mitigate the seriousness of the offense or suggesting alternatives to incarceration like drug treatment programs.

Of course, the role of a lawyer extends well beyond trial too. Post-conviction support can help you navigate probation, parole, and appeals processes. What’s more, a lawyer will help you to make sure the law works for you moving forward, too – mitigating the ‘collateral consequences’ of any potential conviction.

Talk to our Law Offices if You’re Facing a Drug Charge

If you’re facing drug charges, the experienced attorneys at The Law Offices of Julie Rendelman can help.

We have a long history of robustly and successfully representing clients accused of drug crimes – from small possession misdemeanors through to the most serious Class A Felony charges. We’ll make sure the law works for you, not against you.