You may have heard of criminal charges in the first, second, or even third degree — but have you heard of seventh degree charges? Criminal Possession of a Controlled Substance in the seventh degree is the lowest level drug offense an individual can get charged with in New York.
A seventh degree drug charge involves criminal possession of any controlled or banned substance under New York State Penal Law. Is marijuana legal in New York, though? That this law excludes the possession of marijuana, which is governed under a separate set of laws.
A seventh degree drug charge is a misdemeanor in New York State. It can be placed on an individual if law enforcement officials seize any amount, including leftover or residue, or any controlled substance listed here in Section 3306 of New York’s Public Health Law.
What Substances Are Included In A 7th Degree Drug Charge In New York?
As stated in Section 3306 of New York’s Public Health Law, substance included in a seventh degree drug charge can include:
- Recreational drugs: This includes your typical “street” drugs, such as cocaine, crack cocaine, heroin, ecstasy and more.
- Controlled prescription medicines: This can include medication such as painkillers, which are often abused recreationally. Medicines like these include vicodin, percocet, oxycodone, and more. If you are prescribed these medications for any reason, never share them with anyone and dispose of them correctly once you are done taking them.
- Hallucinogenic drugs: Drugs under this classification include psilocybin mushrooms, LSD (“acid”), mescaline, or more.
In the case of a seventh degree drug charge, it doesn’t matter which drug or drug residue was found by authorities. Regardless of what drug you were found with, the consequences will remain.
What Are the Consequences For A 7th Degree Drug Charge In New York?
What Are the Consequences For A 7th Degree Drug Charge In New York?
A seventh degree drug charge in New York is a class A misdemeanor. Misdemeanor convictions have less serious penalties than felonies, but these are still penalties that you should avoid at all costs. Potential consequences can include the following:
- Up to twelve months in a correctional facility
- A significant financial penalty of high fines (around $1,000)
- A permanent criminal record
If law enforcement found any of the aforementioned drugs in your possession, you have the right to contact a criminal defense attorney to fight back against this charge. You don’t want to deal with a permanent criminal record, so consulting with an attorney as soon as possible is the best way to mitigate this risk.
Does A 7th Degree Drug Charge Stay On My Criminal Record Forever?
If you are convicted of this charge, it will remain on your permanent criminal record. As mentioned previously, it’s best to contact a lawyer right away to begin working on a strong case for your defense so you don’t have to live with this charge forever.
How Does An Attorney Help Fight Back Against A 7th Degree Drug Charge?
If you are facing drug crime charges in New York, you need a criminal defense attorney who will protect your best interests and fight for your freedom. Contact the Law Firm of Gianni Karmily right away to begin building a strong defense case together.
As you already know, a drug charge will put your future and freedom on the line. If you are facing these criminal charges, schedule a free consultation with attorney Gianni Karmily right away. As your drug crime lawyer, Gianni’s goal is to help you reach the best possible outcome on your case. This may mean aggressively negotiating with the state to reduce your charges as best as possible, or even taking your case to trial and reaching for an acquittal. By leveraging evidence and state law, your attorney will explore every defense possible on your case.
In some cases, Gianni may be able to get the charges dismissed altogether. As mentioned before, a seventh degree criminal drug charge will stay on your record forever. Don’t gamble with your future and schedule a free consultation with Gianni Karmily today.
