This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
As a class A-II felony, criminal possession of a controlled substance in the second degree is one of the most serious crimes in the New York Penal Code. This means that if you are convicted you could receive a sentence of life in prison and a fine of up to $50,000. The minimum sentence would be 3-8 years in prison.
State Charges: On average, sentences for drug possession on state charges in New York hover around 20 months, which is slightly less than two years. Federal Charges: In contrast, the average sentence for drug possession on federal charges is approximately 81 months, equating to less than seven years.
Examples of A-1 felonies include possession of cocaine, heroin, or any other narcotic drug of an aggregate weight of eight ounces or more. CPCS in the second degree: CPCS in the second degree is classified as a class A-2 felony, and conviction carries a possible sentence anywhere from three to 10 years in state prison.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Generally, possession of a small amount of a controlled substance like heroin or cocaine is a class 4 felony. 720 ILCS 570/402(c). If you possess 15 grams to 100 grams, however, then it is a class 1 felony.
Delivery or possession with intent to deliver a small amount of a controlled substance like heroin or cocaine is a felony. 720 ILCS 570/401(d). There are many exceptions to this rule, based on the drug and its weight. A felony is a crime that is punishable by more than 1 year of imprisonment.
Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile ...