Mr. Petrus has had success in the criminal defense of drug charges. He has both fought and negotiated felony cases on the state and federal levels in New York. In addition, he has successfully handled drug cases in probation and parole matters. Mr. Petrus will defend accused sellers, possessors, and courier of all drugs, including those accused of illegally obtaining prescriptions.

While drug law reform has indeed recently reached the state of New York (in December of 2004), the drug laws in New York still remain harsh and unduly punitive. The federal drug laws remain some of the most punitive in the free world, including life sentences for some offenders.

An Overview of Drug Charges

Drug charges cover a broad range of offenses, from simple possession of a small amount of certain drugs to more serious charges such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can carry the risk of serious penalties upon conviction. Whether your charges are violations, misdemeanors or felonies, Mr. Petrus can help.

Federal and State Drug Laws

In the U.S., the first narcotics laws began to appear in the early 1900s around the time of Prohibition and after the Civil War from which many veterans returned addicted to drugs. In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classified drugs in five categories, listed in “schedules,” and established regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as s/he deems necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. (For example, in December of 2004, New York Governor George Pataki signed a law reforming some of the penalties for the most serious drug crimes under the so-called Rockefeller Laws. No such reform is currently on the agenda in the U.S. Congress.) A conviction of simple possession, may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

Federal law divides many drugs into five schedules. Under federal law, the most severe legal restrictions and penalties involve Schedule I and II drugs.

• Schedule I drugs are those with the highest potential for abuse and an absence of any governmentally acceptable medicinal use, and that are dangerous to the user even under medical supervision. The most well-known of these drugs include heroin, LSD, marijuana, mescaline and peyote.

• Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines.

• Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well-known Schedule III drug is naline, which is used to detect narcotic use.

• Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives.

• Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

Drug-Related Crimes and Penalties

The federal sentencing guidelines are no longer mandatory, but the federal courts have also made it clear that these guidelines are now considered advisory. And some courts have considered them strongly so. The law was that the higher the offense level, the harsher the sentence. The base offense level under the federal guidelines can differ widely for different drugs and for different amounts of the same drug.

For instance, under the formerly mandatory guidelines, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. If the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and is listed on the same schedule of controlled substances, but the quantity of crack needed to impose a certain sentence is much less than the quantity of powdered cocaine. Many civil rights activists consider this to be racist. A person convicted of the crime of delivering five grams of crack will receive a sentence in the federal system of five to forty years, for example, whereas to receive that same sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is essential for an accused to be represented by an attorney willing to navigate the Federal Sentencing Guideline maze.

The crime of "simple possession" requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription. The government must prove that the offender knew the drug was a controlled substance and that he or she had either actual possession of it or other control over it, either alone or with another. The federal sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender, and a maximum of three years in prison for a third or higher offender. The sentence for possession of more than five grams of crack cocaine, however, is increased to a minimum of five years in prison, even for first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender's prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison, but possibly as many as forty years.

The offense of "continuing criminal enterprise" may be charged when a person is accused of having committed a felony drug violation as part of a continuing enterprise or scheme with five or more individuals from which substantial income is derived. The penalty is twenty years to life in prison, or even the death penalty if the offender intentionally kills another in the course of the enterprise.

Conclusion

Drug crimes can carry harsh penalties, particularly under the federal law. If you have been charged with a drug-related crime, you could be facing years in prison. Do not hesitate to call Mr. Petrus, an attorney who will listen, help and work zealously on your behalf.