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Possession or Sale of Cocaine or Crack

Sale of Cocaine Crack

If you are charged with Possession or the sale of Cocaine Crack, you need an experienced criminal defense attorney to ensure that your case reaches the best resolution for your circumstances. At The Law Offices of Castiglia Rubinstein & Associates we bring the experience and dedication in handling tough drug possession cases or tough cases involving the sale of drugs, while advocating for our clients when they are in difficult situations. Possession or the sale of Cocaine Crack are crimes that are aggressively prosecuted and carry tough sentences. It is imperative that you secure an attorney who will work hard to advocate for you and investigate your case.

The attorneys at The Law Offices of Castiglia-Rubinstein & Associates are committed to forming a vigorous defense on behalf of individuals who stand accused of such crimes as Possession or the sale of Cocaine or Crack. Our attorneys have in-depth knowledge of your rights, and the potential penalties that may arise and the possible weaknesses in the charges against you; such as improper or an illegal search and seizure.

At the Law Offices of Castiglia Rubinstein & Associates, we understand that no two cases are alike. The lawyers at The Law Offices of Castiglia Rubinstein & Associates, have many years of experience handling criminal defense cases. The attorneys at the law offices of Castiglia-Rubinstein & Associates can help you navigate through the criminal defense process, and make it easily manageable in your time of need. Our attorneys are not only trained in handling simple Possession or the sale of Cocaine or Crack matters, we take care of complex criminal defense litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.

 

The penalties for the sale of cocaine (crack) or the possession of cocaine (crack) with intent to sell cocaine are set forth in 21 U.S.C. § 841
(*Note: these are the penalties for the first conviction with no enhancing factors):

  • Sale or possession with intent to sell less than 500 grams of a mixture containing cocaine is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
  • Sale or possession with intent to sell 500 grams or more of a mixture containing cocaine is punishable by up a minimum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.
  • Sale or possession with intent to sell 5 kilogram or more of a mixture containing cocaine is punishable by up a minimum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.

 

Possession of Crack (cocaine base)

The penalties for possession of crack are set forth in 21 U.S.C. § 844

(*Note: these penalties are for possession only.  Possession of even a small amount will usually be charged as possession with intent to distribute):

  • A first conviction for possession of any amount of crack is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
  • second conviction for possession of any amount of crack is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
  • third conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.

 

Sale of Crack (cocaine base)

The penalties for the sale of or possession with intent to sell crack are set forth in
21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):

  • Sale or possession with intent to sell less than 28 grams of a mixture containing crack is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
  • Sale or possession with intent to sell 28 grams or more of a mixture containing cocaine is punishable by up a minimum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.
  • Sale or possession with intent to sell 280 grams or more of a mixture containing cocaine is punishable by up a minimum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000. 

Arrested?
Call 1-800-960-1529

The attorneys at The Law Offices of Castiglia-Rubinstein & Associates will help you to receive the proper information and guidance from our Criminal defense attorneys.

Our attorneys will help you understand the charges that you are facing and how we can help defend your case. 

 


 

Sale of Cocaine/Crack in New York State

Criminal sale of a controlled substance in the 1st degree
(New York State Penal Law § 220.43)

An arrest for selling 2 ounces or more of cocaine or a cocaine mixture is classified as criminal sale of a controlled substance in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison.  Second time offenders may face up to 24 years in jail, and previous violent offenders’ face 15 to 30 years jail time.

Criminal sale of a controlled substance in the 2nd degree
(New York State Penal Law § 220.41)

An arrest for selling ½ ounce or more of cocaine or a cocaine mixture is classified as criminal sale of a controlled substance in the 2nd degree, a Class A-II felony punishable by 3 to 10 years in prison.  Second time offenders may face up to 14 years in jail, and a previous violent offenders could face 17 years jail time.

Criminal sale of a controlled substance in the 3rd degree
(New York State Penal Law § 220.39)

An arrest for selling less than ½ ounce of cocaine is classified as criminal sale of a controlled substance in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.

 


 

Penalties for
Possession of Cocaine/Crack in New York State

Criminal possession in the 1st degree (New York State Penal Law § 220.21)

An arrest for possession of 8 ounces or more of cocaine or a cocaine mixture is classified as criminal possession in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison.  Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30 years.

Criminal possession in the 2nd degree (New York State Penal Law § 220.18)

An arrest for possession of 4 ounces or more of cocaine or a cocaine mixture is classified as criminal possession in the 2nd degree, a Class A-II felony punishable by 3 to 10 years in prison.  Second time offenders may face up to 14 years in jail, and a previous violent offenders could face 17 years.

Criminal possession in the 3rd degree (New York State Penal Law § 220.16)

An arrest for possession of ½ of an ounce or more of cocaine or a cocaine mixture is classified as criminal possession in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15 years.

Criminal possession in the 4th degree (New York State Penal Law § 220.09)

An arrest for possession of 1/8 of an ounce or more of cocaine or a cocaine mixture is classified as criminal possession in the 4th degree, a Class C felony punishable by 1 to 5½ years in prison.  Second time offenders may face up to 8 years in jail, and a previous violent offenders could face 9 years.

Criminal possession in the 5th degree (New York State Penal Law § 220.06)

An arrest for possession of 500 mg or more of cocaine or a cocaine mixture is classified as criminal possession in the 5th degree, a Class D felony punishable by 1 to 2 ½ years in prison.  Second time offenders may face up to 4 years in jail, and a previous violent offenders could face 4½ years.

Criminal possession in the 7th degree (New York State Penal Law § 220.03)

In New York an arrest for possession of less than 500 mg of cocaine is classified as criminal possession in the 7th degree, a Class A misdemeanor which carries a penalty of up to one year in jail.

 

Arrested?
Call us now: 1-800-960-1529

 

Possession of Cocaine or Crack

The penalties for possession of cocaine are set forth in 21 U.S.C. § 844
(*Note: these penalties are for possession only.  Possession of even a small amount will usually be charged as possession with intent to distribute):

  • A first conviction for possession of any amount of cocaine is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
  • second conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
  • third conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.

 


 

We strive to protect our clients by creating effective strategic defenses for clients charged with the sale or possession of Drugs:

 

View Federal Sentencing Information

View Penalties for other Substances

 

If you, or a loved one, have been charged with Possession or the sale of Cocaine or Crack, in the state of New York do yourself a favor and call our experienced criminal defense lawyers for a free consultation at 1-800-960-1529.

We will use our experience, knowledge, aggressiveness and tenaciousness to get you the best possible results. Our lawyers offer reasonable rates, payment plans, and accept all major credit cards.

 

Effective Legal Assistance

Get the Help You Need from an experienced criminal Defense Lawyer in New York

The Law Offices of Castiglia Rubinstein & Associates offer professional assistance to help anyone charged with a felony to fight back. We understand that felony conviction threatens your life, your freedom and your future. To schedule a free 30-minute consultation with one of our attorneys, contact us by phone at 1-800-960-1529.

 

We like to start every case the same way: by listening to all the facts. We sit down with you (and your witnesses) to hear exactly what happened. The police and the accusers are going to have their story. We’ll be presenting yours. So we want to start by hearing and understanding your side of it.

 

Call us at (800) 960-1529 or email us to schedule a consultation to see if we’re the right New York criminal defense lawyers for you.

 

We are dedicated to your success — so contact us today. Speak with one of our knowledgeable Long Island criminal defense litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.

 

Call 1-800-960-1529

 

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