The Law Offices of John Ferrara

Do Most Drug Related Cases End Up Going To Trial?


No. Trial is the exception, not the rule. Even with the reform of the drug laws, sentences can be very long, especially when one is charged with multiple crimes which may allow for consecutive sentences. This creates an incentive to plea bargain. But each case is different, and it is important that you consider all possible defenses to analyze the chances of acquittal before entering into any kind of plea bargain.

What Are The Penalties For A Drug Conviction In New York?

Class A-I Felony (Penal Law § 70.71)

  • First Offender:                                8-20 years
  • Prior Nonviolent Felony              12-24 years
  • Prior Violent Felony                     15-30 years

Class A-II Felony (Penal Law § 70.71)

  • First Offender:                                2-10 years
  • Prior Nonviolent Felony               6-14 years
  • Prior Violent Felony                      8-17 years

B Felony (Penal Law § 70.70)

  • First Offender:                                1-9 years (2-9 years if near school)
  • Prior Nonviolent Felony               2-12 years
  • Prior Violent Felony                      6-15 years

C Felony (Penal Law § 70.70)

  • First Offender:                                 1-5.5 years
  • Prior Nonviolent Felony                5-8 years
  • Prior Violent Felony                       5-9 years

D Felony (Penal Law § 70.70)

  • First Offender:                                 1-2.5 years
  • Prior Nonviolent Felony                5-4 years
  • Prior Violent Felony                       5-4.5 years

E Felony (Penal Law § 70.70)

  • First Offender:                                 1-1.5 years
  • Prior Nonviolent Felony                5-2 years
  • Prior Violent Felony                       2-2.5 years

Are There Any Alternative Programs Available For First Time Offenders?

New York is becoming more creative with its use of Judicial Diversion Program (Drug Court) and treatment facilities. The basic premise of the Judicial Diversion Program is that the accused signs a contract that will lead to a favorable outcome if one completes the program successfully and a far less favorable outcome if one fails.

What Sets Your Firm Apart In Handling Drug Cases Specifically?

I take the time to understand my client, his or her objectives, and I try very hard to tailor my advice and my strategy in a way that will protect what is most important to that client. I do not assume that every client has the same goals, or would have the same goals I would have if I were in his or her circumstance. I care about my client and try to come up with a plan that protects what is most important to that client. But I am also brutally honest with every client. These are rarely easy cases, and if the client’s expectations are unlikely to follow from the facts of the case, the criminal history of the client, and the law, I tell this to the client. I do not consider it to be my job to pretend that the case is better than it really is.

For more information on Litigation Of Drug Related Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

Call now for a Strategy Session
(845) 794-1303

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