When it comes to criminal cases, few areas are as potentially life-altering as drug charges.
Whether you're facing drug possession or drug trafficking allegations, the consequences can be severe, but the way these charges are handled can differ dramatically.
At the Law Office of Michael D. Litman, PLLC, we’ve seen firsthand how the legal process works differently for these two offenses. We’ll explain the fundamental differences between drug possession and drug trafficking cases, how they’re prosecuted, and what you can expect if you find yourself involved in either situation.
The key difference between drug possession and drug trafficking lies in the nature and quantity of the drugs involved, the intent of the person accused, and the scale of their alleged involvement in the drug trade.
Drug possession typically refers to the act of having illegal drugs for personal use, while drug trafficking involves the illegal distribution or transportation of drugs. The legal consequences for each vary significantly, and understanding these differences can make a big impact on how your case will be handled in court.
Drug possession is one of the most common drug-related offenses in New York State, and it occurs when someone is caught with illegal drugs on their person or in their possession. Under New York Penal Law, there are different degrees of possession based on the type and amount of drugs involved, as well as the defendant’s prior criminal history.
A criminal defense attorney will focus on the following critical elements when handling a drug possession case:
Possession of controlled substances: Possession of controlled substances like cocaine or heroin is illegal in New York unless prescribed by a licensed medical professional or approved for specific uses. Even small amounts can lead to criminal charges.
Possession of marijuana: While the legalization of marijuana for recreational use has sparked changes in how these cases are handled, possession of marijuana is still illegal for individuals under the age of 21 or in certain public spaces. Penalties are less severe for small quantities but could lead to fines or criminal penalties if larger amounts are involved.
Drug possession charges can involve anything from marijuana to controlled substances like cocaine, heroin, and prescription drugs. Different charges will come with different penalties.
Drug possession penalties vary depending on the specific circumstances, including the drug type, quantity, and prior convictions. In New York, you can face charges such as:
Criminal possession of a controlled substance in the seventh degree: This is the least severe charge, typically involving small amounts of a controlled substance for personal use. It’s considered a Class A misdemeanor, and a conviction could lead to a maximum of 364 days in jail.
Criminal possession of a controlled substance in the fifth degree: Involving larger amounts or more serious drugs, this is a Class D felony, and a conviction can carry up to 4 1/2 years in prison.
Criminal possession of a controlled substance in the third degree: This is a more serious felony, usually reserved for cases involving large quantities of drugs, and can lead to a prison sentence of up to 15 years.
These penalties differ from the penalties for drug trafficking, which we’ll elaborate on in more detail below.
Drug trafficking involves the illegal distribution, manufacturing, or transportation of controlled substances. This offense typically requires evidence that the accused was involved in drug dealing on a larger scale.
Unlike drug possession, where the accused may be charged with having drugs for personal use, drug trafficking cases often involve the intent to sell or distribute those drugs to others.
When it comes to drug trafficking charges, criminal defense attorneys face an entirely different set of challenges compared to drug possession cases. The prosecution will often look at several factors to build their case, including:
Large quantities of drugs: The amount of drugs found is a significant factor in determining whether the individual is facing drug trafficking charges. Possession of large amounts—particularly with packaging materials or scales—could indicate trafficking, even if the drugs aren’t yet sold.
Intent to distribute: A major difference between possession and trafficking is the “intent.” Prosecutors will try to prove that the defendant wasn’t merely in possession of drugs for personal use, but instead intended to distribute them.
Distribution networks: Drug trafficking often involves organizations or networks. If there is evidence that the defendant is part of a larger operation, the charges will be much more severe. This can include the transportation of drugs across state or national borders, or having involvement with larger criminal enterprises.
Money laundering: In some drug trafficking cases, authorities might investigate whether the accused is involved in laundering the proceeds of their illegal activities. This could lead to additional charges, compounding the penalties.
All of these factors will play a role in determining potential penalties.
Drug trafficking is one of the most serious drug-related charges in New York State and carries severe consequences if convicted. Common trafficking charges include:
Criminal sale of a controlled substance: Involves selling or intending to sell controlled substances. The penalty can be anywhere from 1 year for a first offense, to 25 to life in prison for a major drug trafficker, depending on the amount and type of drugs involved.
Criminal possession with intent to sell: Even if the defendant isn’t directly selling drugs, having drugs with the intent to distribute can result in severe charges. Possession of a large quantity with packaging materials could lead to convictions that range from 1 to 17 years in prison.
Drug trafficking across state or international borders: This includes moving drugs across state lines or into the U.S. from other countries. These cases are handled at the federal level and can result in lengthy prison sentences and substantial fines.
Penalties often depend on the drug type and amount, but they’re almost always more severe than those for drug possession.
While both drug possession and drug trafficking cases are prosecuted under similar criminal laws, there are substantial differences in how these cases are handled by law enforcement and in court. Below are some key factors that differentiate the two:
Degree of investigation: Drug trafficking cases often involve longer investigations, including surveillance, wiretaps, and undercover operations. These cases are typically built over time with the collaboration of local, state, and federal agencies.
Severity of charges: As previously mentioned, drug trafficking charges are significantly more severe than possession charges. They carry higher penalties, including lengthy prison sentences, larger fines, and the potential for being labeled as a felon.
Defense strategies: A criminal defense attorney dealing with drug possession cases may challenge the legality of the search and seizure, or argue that the drugs found were for personal use. In trafficking cases, however, the defense may focus on disproving the intent to distribute or arguing that the accused was unaware of the drugs' presence.
Federal involvement: Drug trafficking cases that involve large quantities or interstate trafficking may involve federal prosecutors. This is particularly true if the drugs are crossing state lines or being trafficked internationally, which brings in much harsher penalties and more resources for prosecution.
Regardless of whether you’re charged with drug possession or trafficking, our criminal defense lawyers will tailor their approach to your case.
Some common defense strategies an attorney may use in a drug possession or trafficking case include:
Illegal search and seizure: Challenging the constitutionality of how the drugs were obtained.
Lack of knowledge: Arguing that the defendant didn’t know about the drugs or their presence.
Entrapment: In some cases, a defendant may argue that they were induced or coerced into committing the offense by law enforcement.
Insufficient evidence: A defense attorney may argue that the prosecution lacks sufficient evidence to prove the charges beyond a reasonable doubt.
Our criminal defense firm will take every detail of your situation into account to determine the right defense for you.
If you or someone you know is facing drug-related charges, it’s important to work with a criminal defense attorney who can provide sound legal counsel and fight for your rights.
Contact the Law Office of Michael D. Litman, PLLC for experienced representation in Westchester County, New York, and the surrounding areas, including White Plains, Harrison, and Yonkers.
When it comes to criminal defense law, few areas are as potentially life-altering as drug charges. Whether you're facing drug possession or drug trafficking allegations, the consequences can be severe, but the way these charges are handled can differ dramatically.
When facing the serious issue of drug-related crimes, individuals may feel overwhelmed and unsure of their rights. At the Law Office of Michael D. Litman, PLLC, we understand the challenges that come with such situations and are committed to providing guidance and support.
