White Plains Crack Offense Lawyer
Defending Those Charged with Crack Offenses in State &Federal Courts – Cocaine Drug Crime Attorneys
Our New York attorneys at Greco Neyland, PC have the skills and experience necessary to aggressively defend those charged with drug offenses in both federal and state courts. While you are facing serious punishment anytime you are arrested for a crack cocaine offense, the stakes increase dramatically when you are dealing with federal charges. Depending on the quantity of crack cocaine that you possess, you may even be subject to a mandatory minimum sentence.
New York Criminal Defense Attorneys Jeff Greco and Dustin Neyland have extensive experience in dealing with the special challenges that confront defendants charged with drug offenses under federal law. We recognize the unique challenges of dealing with federal drug charges, which include understanding the mandatory minimums and navigating the harsh sentencing scheme that applies to crack or “cocaine base” cases in Federal Court.
Whether you have been charged with a crack cocaine offense or you are the target of an investigation, you need to immediately contact us so that we can start protecting your rights and fighting for your future. However, the Government may have tapped your phone lines, so you should call from a pay phone. If you have no choice but to call from your home phone or a cell phone, you should avoid discussing any information that might be incriminating. All you need to do is call our law firm and schedule an appointment to meet with us in person. We can explain your rights regarding attorney-client privilege and confidentiality at that time.
Crack Cocaine Sentencing Explained in Plain English (21 USC 841[b])
The part of the Federal Code that deals with narcotics offenses is dense and difficult to understand if you are not familiar with federal drug crimes. The provision sets forth maximum and minimum sentencing terms for possession with intent to distribute. As provided below, there are three main subdivisions with each section setting forth a level of punishment that is less severe than the prior subpart:
841(b)(1)(A): This section applies if you have 280 or more grams in your possession. If you are charged under this provision, a conviction carries a mandatory minimum under the Federal Sentencing Guidelines of 10 years in Federal Prison. Further, you may be sentenced to a maximum life term.
841(b)(1)(B): Like subdivision (b)(1)(A), this provision carries a mandatory minimum sentence. If you are arrested with 28 grams or more, conviction under this section will result in 5-40 years in Federal Prison.
841(b)(1)(C): If you are charged with possession of 28 grams or less of crack cocaine, this quantity does not subject you to a mandatory minimum. However, a conviction for possession of crack cocaine under this provision can result in a maximum term of incarceration of up to 20 years.
This information is simply a starting point that ignores many factors that can impact your sentence under the Federal Sentencing Guidelines. If you want more specific information about your exposure under this statutory sentencing scheme, you should schedule an appointment to sit down with us, so we can analyze your situation. If you are facing federal charges for a crack cocaine-related offense, our New York Federal Drug Crime Defense Lawyers can review your case and explain the applicable Federal Code provision and potential defense strategies.
Impact of the Fair Sentencing Act of 2010 on Crack Cocaine Cases
Until the Obama Administration revised the sentencing guidelines in 2010, individuals charged with drug offenses involving crack cocaine faced substantially harsher punishment than those charged with powder cocaine. This disparity often was attributed to the class and racial differences between defendants who were charged in relation to each of these forms of narcotics. The “Fair Sentencing Act” ("FSA") reduced the sentencing disparity between crack and powder cocaine from a 100-1 weight ratio to an 18-1 weight ratio.
Prior to this sentencing reform, possession of 5 grams of crack cocaine would have resulted in the same sentence as possession of 500 grams of powder cocaine. In both cases, the defendant would be facing a 5-year mandatory minimum. Under the FSA, the 5-year mandatory minimum for possession of crack cocaine would not be triggered unless you are convicted of possessing at least 28 grams of crack. Unfortunately, the law was not made retroactive, so it did not offer a reprieve to individuals already imprisoned or awaiting sentencing when the law was enacted.
Call Us Today to Start Fighting for Your Tomorrow
While we have provided some basic information that you need to know about crack cocaine sentencing, the Government might already be building a case that could land you in Federal Prison for many years. When you are facing these types of of dire consequences, you need experienced New York criminal defense attorneys reviewing the legality of searches, researching the credibility of informants and otherwise protecting your future. At Greco Neyland, PC, we offer a free consultation, so you should feel free to call us today at (914) 358-9146 or click here to schedule your free consultation. We look forward to providing you with superior legal representation.
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