If you have been charged with a drug felony in New York, it is important to understand that you have options. You may be able to reduce the charge to a misdemeanor. This can mean significant differences in terms of penalties, and may even allow you to avoid jail time.
Plea bargaining
A prosecutor may be willing to reduce a drug felony charge to a misdemeanor as part of a plea bargain. This is usually done in exchange for pleading guilty to the reduced charge. Plea bargaining is often the best option for those who have received a drug felony charge. It can help you avoid jail time and get a lesser charge on your record. Just remember to understand the terms of the plea bargain before you agree to anything.
Complete a drug diversion program
Another option for reducing a drug felony charge is to complete a drug diversion program. This is usually a court-ordered program that requires you to complete certain tasks, such as drug counseling and drug education classes. If you complete the program successfully, your felony drug charges may get reduced to a misdemeanor.
Proving that there aren’t enough felony elements
In some cases, it may be possible to get a drug felony charge reduced to a misdemeanor by proving that there aren’t enough felony elements to the case. For instance, if the drug was for personal use and not for sale, you may be able to get the charge reduced. Also, if the drug was not in your possession when you were arrested, you may be able to get the charge reduced.
When a drug felony charge gets reduced to a misdemeanor, this can still have serious consequences, such as making it difficult to get a job or rent an apartment. However, it is not as severe as having a felony on your record. Just remember that if you are facing a drug felony charge, you have to understand the specifics of your case and what options are available to you. Reducing the charge to a misdemeanor may be possible, but it depends on the circumstances.