Being found in the possession of any illegal drug is not a good situation to be in, no matter what state of the country you reside in. But heroin is one of the most serious drugs in regard to the laws that prohibit it. Law enforcement has made it a higher priority to crack down on heroin in recent years.
If you have been found in the possession of even the smallest amount of heroin, it is vital that you take such an accusation very seriously. Heroin is illegal both federally and in the state of New York; therefore, it is important that you understand what charges you could be subject to.
Heroin laws in the state of New York
If you are found in the possession of heroin, it means that you are accused of knowingly carrying heroin. Being found with any amount of heroin in the state of New York is automatically a Class A misdemeanor; however, there will be further charges if the amount you were carrying was over 500 mg. If you were carrying between 500 mg and one-eighth ounce, you will face a Class D felony; between one-eighth ounce and one-half ounce will be considered a Class C felony; between one-half ounce and 4 oz, a Class B felony; and over 4 oz will be charged as a Class A felony.
Being charged with any felony will likely lead to jail time, but you may be able to benefit from alternative treatment sentencing. If you would like to avoid jail after being found in possession of heroin, it is important to take swift action.
Source: FindLaw, “New York Heroin Laws,” accessed May 25, 2018