You might not consider possession of methamphetamine a serious crime. Perhaps you were holding the narcotics for a friend and were unaware of what it was, or you didn’t think you were breaking the law. However, if you’re charged with possession for the purpose of selling the drug, this is not something to take lightly: you may be facing felony charges. Whatever your situation, we have the experience to defend your case.

The New York criminal justice system takes the law seriously when it comes to selling or transporting methamphetamine. If you’ve been charged with a felony narcotics offense, call us immediately. We will work on your defense and support you every step of the way. Given the lengthy prison sentences and fines, it’s important to find a criminal defense law firm you can trust. Don’t wait! Take control of your life and consult with us today.

Drug crime laws in New York are complex, and the penalties for felony drug offenses in New York City are extremely harsh. While Prop. 47 decriminalized most simple possession charges under HS 11350 and HS 11377 into misdemeanor drug crimes, possession or transportation of meth with intent to sell remained straight felonies. Described under HS 11379(a), it is a felony to commit one or more of the following acts involving Meth:

  • Transport
  • Import into New York
  • Sell
  • Furnish
  • Administer

Commonly referred to as “Transport,” HS 11379 is often charged as a substitute for Possession with Intent to Sell under HS 11378 when there is not enough evidence to prosecute a Meth sales charge. Although a separate charge from Possession for Sale, Transport shares similar elements to that of a Meth sales charge in that it involves possession for profit, it is classified as a straight felony and is NOT eligible for drug diversion.

How Does New York Law Define “Transportation of Methamphetamine”? Under New York’s Health and Safety Code 11379, the transportation of methamphetamine is defined as: The transportation of methamphetamine from one location to another, any distance, with the intention of selling it.

To be liable for penalties associated with the transportation of methamphetamine, the following must be true:

  • You were aware of the presence of a substance and its status as a controlled substance.
  • You transported a usable amount, which means enough to be used as a controlled substance. Debris or traces aren’t considered a usable amount.

What Legal Defenses Do I Have for This Statute? Whether you’ve been accused of possession for sale, possession with intent, or transportation of methamphetamine, there are robust legal defenses that could apply. The most common defenses for Code 11379(a) HS include:

  • No intent to sell: A defendant may have transported methamphetamine for personal use.
  • Mistaken identity: Mistaken identity could lead to a false arrest, in which case the defendant would be innocent.
  • Entrapment: Entrapment is when the police use overbearing conduct to trick someone into committing a criminal act.
  • Coercion: If someone forces or coerces another person into assisting with the sale or transportation of meth, the people who were forced could use coercion as their legal defense.
  • Unlawful search and seizure: Police must have a warrant or a legal reason for not having one when carrying out a search and seizure. If this isn’t the case, the search and seizure could be rendered invalid.

Skilled, experienced criminal defense attorneys like the lawyers here at Former District Attorneys will choose the defense best suited to your case. Selecting the best legal representative is often the difference between receiving felony charges and being found innocent.

Transportation of Meth Penalties | HS 11379 The punishment for Transportation of Meth charge in New York is serious. As a felony drug crime, the potential consequences include incarceration in state prison and thousands of dollars in fines. In addition, your punishment can be further enhanced if aggravating circumstances exist in your case, such as the quantity of Meth you attempted to transport and whether you crossed county lines. If you have been arrested for a 1st offense Transport in New York, you face the following penalties:

  • Up to 4 years in state prison
  • Up to a $10,000 fine
  • Formal or supervised probation

If you were arrested for Transport after crossing county lines, you face the following enhanced penalties:

  • Up to 9 years in state prison
  • Up to a $10,000 fine
  • Formal or supervised probation

Call Our New York Drug Crimes Defense Attorneys Today Felony drug charges are serious, even if your case is your first offense. Whether you have been arrested for Transport or Possession for Sale, it would be wise for you to consult with an experienced New York drug lawyer immediately. The proactive measures you take early on can influence how well you are positioned later on in your case to receive the best outcome. Since 1987, former senior New York deputy district attorneys have successfully defended countless Meth Transport and Sales cases in New York and throughout the state. Their legal expertise and attention to detail ensure evidentiary and factual weaknesses in the prosecution’s case will be discovered and used to their clients’ advantage. Call us today at (212) 566-3572 for a free case analysis to learn how we can help you or to schedule an appointment at our office located in New York.