If you are convicted of either unlawful possession of marijuana in the first degree or unlawful possession of marijuana in the second degree, you will not have a criminal record. However, as drug offenses, they can have serious repercussions because marijuana is still federally illegal. [...]
Just because they will not result in a criminal record does not mean you should just plead guilty. There are many collateral consequences you face with drug offense convictions. Some low-level marijuana offenses require that the first offense be adjourned in contemplation of dismissal (commonly [...]
Criminal Possession of Marijuana 4th Degree Criminal Possession of Marijuana in the Fourth Degree (Penal Law §221.15) is unlawful possession of more than two ounces of preparations, compounds, mixtures, or substances that contain marijuana. This is a crime; a class A misdemeanor. You face up to 1 year [...]
Yes. Other than dispensaries licensed through New York State for medicinal purposes, selling any amount of marijuana is a crime. The more marijuana sold, the higher the penalties. Criminal Sale of Marijuana 1st Degree Criminal Sale of Marijuana in the Fifth Degree (Penal Law [...]
Yes. Because New York defines “selling” broadly, you can still be charged with criminal sale of marijuana even if you only give it to your friends or serve as a pass through between the dealer and your friends. Even if you do not make any [...]
To learn more about understanding what type of criminal defense maybe available to you, click here.
Proof beyond a reasonable doubt means a jury is firmly convinced of the accused’s guilt and that there is no practical or realistic explanation for any element of the crime other than it was committed by the person charged with the crime. It is the [...]
A mistaken identity defense is used when a witness incorrectly states that a person was involved in a crime, when they were not. This defense is often utilized when there is eyewitness testimony and the defendant did not commit the crime. The New York Court [...]
A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed. Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden [...]
Yes. Criminal defense lawyers will often defend a case on the basis that their client was framed or set up. With this type of defense, a criminal defense lawyer will try to establish someone else committed a crime and that their client is wrongly accused.
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