Criminal marijuana charges in Westchester County are, unfortunately, very common. However, as common as they may be, criminal convictions resulting from marijuana charges are also very common in Westchester County and the consequences of such a conviction can be devastating and can include:
- Jail time
- Probation
- Community service
- Large fines
For college students, a marijuana charge conviction can even prevent them from obtaining federal student loans.
Hiring a Westchester County Marijuana Criminal Defense Lawyer is Vital
If you have been charged with the possession or sale of marijuana in Westchester County it is extremely important for you to retain an aggressive Westchester County marijuana criminal defense lawyer to protect your rights. While many people who face marijuana charges feel that such charges are not really a big deal they are often blindsided when they arrive at court and find out that just the opposite is true.
While in recent years more and more states have legalized the use of marijuana for medicinal purposes and a couple of states have even legalized the recreational use of marijuana, Westchester County, like most counties in New York State aggressively prosecute marijuana criminal charges.
Understanding Marijuana Charges in Westchester County
Marijuana is not considered a "controlled substance" in Westchester County or in New York. In fact, the criminal laws for marijuana have their own specific treatment under New York State's Penal (criminal) law. Most noteworthy is that under New York criminal law if a person possesses a small amount of marijuana it is not a "crime" but is instead considered a "violation" provided that it is not burning and open to public view.
This violation is called 'Unlawful Possession of Marijuana" (also commonly referred to as "UPM"). A person who is found guilty of a UPM will not have a criminal record as it is not a criminal conviction. While a typical sentence is a fine, under certain circumstances a person can face up to 15 days in jail.
Unlike a UPM, all other marijuana offenses in New York and Westchester County are considered crimes. They are as follows:
The Marijuana Possession Crimes in Westchester County:
Criminal Possession of Marijuana in the Fifth Degree. A person is guilty of this charge when either: (a) they possess marijuana in a public place and it is burning or open to the public view or (b) they possess more than 25 grams and up to 2 ounces. This charge is a class "B' misdemeanor punishable by up to 90 days in jail and a $500.00 fine.
Criminal Possession of Marijuana in the Fourth Degree. A person is guilty of this charge when they possess more than 2 ounces and up to 8 ounces of marijuana. This charge is a class "A' misdemeanor punishable by up to 1 year in jail and a $1000.00 fine.
Criminal Possession of Marijuana in the Third Degree. A person is guilty of this charge when they possess more than 8 ounces of marijuana and up to 16 ounces. This charge is a class "E" felony punishable by up to 18 months in prison and a $5000.00 fine.
Criminal Possession of Marijuana in the Second Degree. A person is guilty of this charge when they possess more than 16 ounces of marijuana and up to 10 pounds. This charge is a class "D" felony punishable by up to 2.5 years in prison and a $5000.00 fine.
Criminal Possession of Marijuana in the First Degree. A person is guilty of this charge when they possess more than 10 pounds. This charge is a class "C" felony punishable by up to 5.5 years in prison and a $5000.00 fine.
The Marijuana Sales Crimes in Westchester County:
Criminal Sale of Marijuana in the Fifth Degree. A person is guilty of this charge when they "give" marijuana to another person and the aggregate weight is 2 grams or less or consists of a marijuana cigarette. This charge is a class "B' misdemeanor punishable by up to 90 days in jail and a $500.00 fine.
Criminal Sale of Marijuana in the Fourth Degree. A person is guilty of this charge when they sell up to 25 grams of marijuana to another person. This charge is a class "A' misdemeanor punishable by up to 1 year in jail and a $1000.00 fine.
Criminal Sale of Marijuana in Thrid Degree. A person is guilty of this charge when they sell more than 25 grams and up to 4 ounces of marijuana to another person. This charge is a class "E" felony punishable by up to 18 months in prison and a $5000.00 fine.
Criminal Sale of Marijuana in the Second Degree. A person is guilty of this charge when either (a) they sell more than 4 ounces of marijuana and up to 16 ounces to another person OR (b) they sell marijuana to a person less than the age of 18. This charge is a class "D" felony punishable by up to 2.5 years in prison and a $5000.00 fine.
Criminal Sale of Marijuana in the First Degree. A person is guilty of this charge when they sell more than 16 ounces of marijuana to another person. This charge is a class "C" felony punishable by up to 5.5 years in prison and a $5000.00 fine.
Proven Marijuana Criminal Defense Lawyers in White Plains & Westchester County
Our firm has had success after success in defending people charged with Criminal Possession of Marijuana and Criminal Sale of Marijuana in Westchester County, New York and surrounding counties. We have also represented people with very different backgrounds including, but not limited to, high school students, college students, graduate students, medical students, law students, teachers, doctors, lawyers, accountants, school administration officials, public officials, business owners and parents to name a few.
In fact, our aggressive representation has led to countless dismissals of marijuana criminal charges over the years in courts throughout Westchester County including Peekskill, Somers, Yorktown, Buchanan, Cortlandt Manor, Ossining, Briarcliff, Pleasantville, Croton-on-Hudson, Mount Kisco, Bedford, New Castle, Dobbs Ferry, Ardsley, Tarrytown, Sleepy Hollow, Elmsford, Greenburgh, Irvington, Hastings-on Hudson, North Castle, White Plains, Mount Vernon, New Rochelle, Yonkers, Eastchester, Tuckahoe, Mamaroneck, Port Chester, Rye and Harrison.
Contact us to schedule a FREE CONSULTATION
As a continuing commitment to our clients we offer a free consultation for all criminal matters. Please call our office located in White Plains at (914) 946-4808 or contact us online to speak to one of our Westchester County marijuana criminal defense lawyers.