Conveying an illegal drug from one location to another meets the legal definition of drug transportation in New York State. Being charged with transporting heroin, cocaine, crystal meth, ecstasy, and other substances is extremely serious and can result in lengthy prison time.
State Penalties for Drug Transportation:
The applicable state penalties for drug transportation depend on the type of drug being transported and distributed. For example, the distribution (and subsequent sale) of 4 to 16 ounces of marijuana is classified as criminal sale of a controlled substance in the 2nd degree, a Class D felony that can result in 1-2½ years in prison for a first offence. Selling 2 ounces or more of heroin, on the other hand, is criminal sale of a controlled substance in the 1st degree, a Class A-I felony that draw an 8-20 year prison term. Second time offenders may face 15-30 years.
When is the best time to act?:
If you have been charged with transportation of any type or amount of a controlled substance, contact a criminal defense attorney immediately. New York has some of the toughest anti-drug laws in the country and you need experienced legal advice.
Attempt to Commit Conspiracy, Conspiracy, Criminal Sale of a Controlled Substance, Criminal Possession of a Controlled Substance
Difference between New York state and Federal statutes:
Drug crimes are prosecuted and punished differently at the federal level. Like the state laws, penalty type and duration vary depending on what type of drug was transported, the amount, etc. A first conviction for marijuana possession can result in 1 year in jail and a minimum fine of $1,000 while possessing more than a kilo of heroin can result in 10 years to life in jail and a maximum fine of $4,000,000. Some individuals charged with federal drug crimes are accused of being part of a conspiracy to distribute and sell controlled substances, which can make their sentences more severe if convicted. Additional factors that have an impact on federal sentencing:
● Use of a firearm in connection with the drug transportation
● Distribution of the drugs to someone under 21
● Securing assistance in transporting the drugs from someone under 18
● A previous felony conviction
● If death or injury resulted from usage of the transported drugs
Unlawful search and seizure, proof that the drugs belonged to another party, proof that the drugs were planted, entrapment, and mental disease / defect are acceptable defenses.
High profile/government cases:
On April 12, 2013, the Manhattan District Attorney announced the indictment of forty-one members of two drug trafficking rings that sold an estimated hundreds of thousands of dollars’ worth of cocaine each year. In addition, thirty-three members of the ‘Blocc Boyz’ street gang were accused of hiring car services to deliver cocaine to their customers all over Manhattan. A separate indictment charged eight members of another street gang, the ‘Money Boyz’ from the East Village, with drug offenses related to trafficking both powdered and crack cocaine.