What to Know About Drug Offense Charges in Brooklyn

Facing a drug offense charge in Brooklyn can upend your life in an instant. Whether you were arrested for possession, sale, or manufacturing of a controlled substance, New York’s criminal justice system does not go easy on drug-related offenses. A conviction can lead to jail time, probation, steep fines, and permanent damage to your reputation, employment, and immigration status. At Petrus Law, we fight to protect your rights and your future from the moment charges are filed.

Drug cases in Brooklyn are aggressively prosecuted, particularly by the Brooklyn District Attorney’s Office, which prioritizes drug-related offenses in both misdemeanor and felony courtrooms. From street-level possession of marijuana or cocaine to felony-level trafficking or prescription fraud, every drug case demands a skilled, strategic legal defense. Our firm knows how to dissect the prosecution’s evidence, challenge unlawful police tactics, and negotiate for case dismissal, diversion, or alternative sentencing where appropriate.

If you or someone you care about has been arrested on a drug charge in Brooklyn, it is critical to act quickly. Contact Petrus Law at (646) 733-4711 or visit our contact page for a confidential consultation with an experienced Brooklyn drug offense attorney.

Types of Drug Offense Charges Prosecuted in Brooklyn

New York law classifies drug offenses under a wide range of statutes, from simple possession to complex conspiracy cases. In Brooklyn, prosecutors pursue these cases based on the type of conduct alleged, the schedule of the controlled substance involved under 21 U.S.C. § 812, and the amount or weight connected to the arrest. Understanding how these charges are categorized is critical to building a defense. Each charge carries different legal burdens, sentencing consequences, and collateral risks that can affect your record, livelihood, and immigration status.

At Petrus Law, we guide clients through the full spectrum of drug offense charges. We provide detailed explanations of what you are facing and develop a personalized defense strategy based on your charges, criminal history, and prosecutorial tactics used in Brooklyn criminal courts.

Criminal Possession Charges in Brooklyn

Possession-related offenses make up a large portion of drug cases in Kings County. These charges are not always based on physical possession. Under New York law, prosecutors may file charges even when alleged possession is considered constructive, meaning the item was not on your person but was within your control. This could include drugs found in your car, home, or shared space.

Possession charges are categorized by weight and drug schedule. For example, substances listed under Schedule I or II in 21 U.S.C. § 812 trigger more serious felony charges in many cases, especially if the alleged amount exceeds statutory thresholds. These include penalties established in both New York Penal Law and federal statutes such as 21 U.S.C. § 844, which outlines federal punishments for unlawful possession.

New York courts treat repeat offenses or possession within school zones or public housing areas as aggravating factors. The Kings County District Attorney’s Office often seeks enhanced penalties under these circumstances. We aggressively challenge possession allegations by attacking the legality of the search, the reliability of police testimony, and whether probable cause existed in the first place.

Charges for Intent to Sell or Distribute

When prosecutors believe the substance was not intended for personal use, they escalate charges to include intent to sell. These charges carry far greater penalties, and in Brooklyn, they are pursued aggressively. Factors that trigger these charges include the quantity of the substance, the presence of packaging materials, digital communications, or large amounts of cash allegedly found during the arrest.

Intent-to-sell cases often rely on circumstantial evidence, and we scrutinize every piece of it. We examine whether the police overreached in their conclusions, whether their testimony holds up under cross-examination, and whether any confidential informants were involved inappropriately. These cases also frequently involve violations of your Fourth Amendment rights, particularly when searches are conducted without valid warrants or exceed the legal scope outlined under New York’s Criminal Procedure Law Article 690.

Federal prosecutors may also become involved in distribution cases when the alleged activity crosses state lines, implicating statutes such as 21 U.S.C. § 841. When this occurs, you may be facing prosecution in both state and federal courts, which requires a strategic defense approach that considers both jurisdictions.

The Role of Schedule Classification in Intent-to-Sell Charges

The classification of a drug under 21 U.S.C. § 812 significantly affects how these cases are charged and prosecuted. Schedule I substances, for example, are considered to have no accepted medical use and a high potential for abuse, which means that the possession or sale of even small quantities may be charged as a felony.

In Brooklyn, prosecutors also consider the type of transaction alleged. Were you accused of selling to an undercover officer? Were wiretaps used to monitor your conversations? Was there video or audio surveillance involved? We evaluate the legality of every surveillance method and file suppression motions where constitutional violations occurred. The Electronic Frontier Foundation provides critical insight into how digital surveillance can overreach in criminal cases.

Drug Manufacturing and Packaging Charges

Brooklyn drug offense cases sometimes involve allegations of drug manufacturing, which carry especially harsh sentences under both state and federal law. In these cases, prosecutors claim that a defendant produced, processed, or prepared controlled substances, even if no actual distribution occurred.

Under New York Penal Law § 220.75 and federal law, like 21 U.S.C. § 856, which governs the operation of premises for unlawful drug activity, prosecutors pursue these charges using evidence such as equipment, chemicals, and utility usage. Even the presence of household items can be mischaracterized as drug paraphernalia when viewed through the lens of law enforcement suspicion.

We defend these cases by consulting scientific experts, forensic chemists, and industry professionals to contest the interpretation of lab results and evidence. Many of these cases hinge on laboratory misidentification, cross-contamination, or unconstitutional seizures. Forensic errors are more common than most people realize, and the Innocence Project has extensively documented how faulty science contributes to wrongful convictions in drug cases.

Prescription Drug and Forgery Offenses

Brooklyn prosecutors also pursue cases involving the unauthorized possession or distribution of prescription medication. These cases often involve allegations of prescription fraud, forged documents, or impersonating medical professionals. Because these offenses may involve controlled substances listed under Schedule II or III in 21 U.S.C. § 812, they are often prosecuted as felonies even for first-time offenders.

Law enforcement in these cases frequently relies on electronic pharmacy records, digital health logs, and undercover stings involving fake patients or physicians. We challenge the admissibility of electronic data, question the chain of custody, and demand full disclosure under Brady v. Maryland when exculpatory evidence may exist.

Our defense strategy also includes consultation with medical professionals, review of pharmacy protocol, and investigation into whether the defendant believed they had legal authority. For immigrants, these charges may also pose devastating immigration consequences. We often work alongside immigration counsel to evaluate risks under the Immigration and Nationality Act (INA).

Penalties and Consequences of a Drug Conviction in Brooklyn

A drug conviction in Brooklyn carries far-reaching penalties that extend well beyond the courtroom. New York law imposes severe consequences based on the type of charge, the drug schedule as defined in 21 U.S.C. § 812, and the defendant’s prior record. But the legal punishment is only the beginning. A conviction can upend your life, from employment and housing to immigration status and child custody. At Petrus Law, we work to reduce or eliminate these consequences wherever possible.

Brooklyn judges, especially in felony drug court parts, often impose mandatory minimums, supervised release, and strict post-conviction supervision. Understanding what’s at stake is essential when deciding how to approach your defense.

Jail Time and Mandatory Sentencing Under New York Law

New York law draws sharp lines between misdemeanors and felonies, particularly when it comes to drug offenses. A misdemeanor drug possession charge may carry up to one year at Rikers Island, while felony charges, even for first-time offenders, can lead to state prison sentences of several years. The specific sentence depends on the offense class, ranging from Class A misdemeanors to Class B or C felonies.

For example, charges involving Schedule I substances, as outlined under 21 U.S.C. § 812, can result in enhanced penalties under New York Penal Law § 220. Higher weights, repeat offenses, or allegations of sale near a school zone can trigger mandatory minimums. These are governed by sentencing laws found in New York Penal Law Article 70.

Judges may also impose extended post-release supervision, which comes with its restrictions and risks. A violation of these conditions could land someone back in custody, even after serving their initial sentence.

Collateral Consequences That Outlast Your Sentence

Even after serving time or completing probation, a drug conviction can follow you for years. New York law imposes numerous civil penalties and limitations on people with criminal records. These consequences impact employment, housing, education, professional licensing, and access to public services.

The Legal Action Center reports that over 40,000 state and federal statutes create barriers for individuals with criminal convictions. These are often referred to as collateral consequences, and they can be more damaging than the sentence itself.

Loss of Employment and Professional Licensing

Many employers in Brooklyn conduct criminal background checks and deny applicants with drug convictions, especially when the offense involves Schedule II or Schedule III substances under federal classification. Licensed professionals, including teachers, nurses, and real estate brokers, risk suspension or revocation by licensing boards governed by the New York State Department of State.

Even non-violent misdemeanor convictions can disqualify someone from city jobs or trigger disciplinary proceedings. Petrus Law works with clients to mitigate these consequences by seeking Certificates of Relief from Disabilities or pursuing post-conviction remedies like record sealing under New York Criminal Procedure Law § 160.59.

Housing and Public Assistance Restrictions

A drug conviction may prevent you from qualifying for public housing or housing assistance under NYCHA. The New York City Housing Authority maintains strict eligibility requirements and may permanently bar individuals with certain felony convictions. Even private landlords often rely on tenant screening databases that include arrest and conviction records.

In addition, individuals with certain federal drug convictions may lose access to food stamps (SNAP) or Temporary Assistance for Needy Families (TANF) based on federal welfare reform provisions. These restrictions disproportionately affect low-income and minority communities in Brooklyn, making it even harder to recover from a drug conviction.

Immigration Consequences for Non-Citizens in Brooklyn

If you are not a U.S. citizen, a drug conviction can trigger devastating immigration consequences, including removal, denial of naturalization, or permanent bars to reentry. Many drug offenses fall under the category of “aggravated felonies” or “crimes involving moral turpitude” under the Immigration and Nationality Act (INA). These definitions apply even to low-level possession charges, depending on the circumstances.

Immigration and Customs Enforcement (ICE) may initiate removal proceedings the moment a non-citizen is arrested or convicted. Even lawful permanent residents (green card holders) are not immune. Brooklyn is part of the jurisdiction for the Varick Street immigration court, one of the busiest in the nation, where deportation orders can move quickly.

At Petrus Law, we coordinate closely with immigration attorneys to avoid plea agreements that may jeopardize your status. We also file post-conviction relief motions when prior legal counsel failed to advise you properly of a right recognized under the U.S. Supreme Court decision in Padilla v. Kentucky.

Registration, Supervision, and Other Restrictions

Some drug convictions in Brooklyn require post-release supervision or registration under New York’s community notification laws. While these are typically applied to other offense types, specific drug cases involving child endangerment or trafficking may trigger overlapping civil orders. These can include GPS monitoring, regular drug testing, or bans from entering certain areas like schools or playgrounds.

Supervision is administered by the New York State Department of Corrections and Community Supervision (DOCCS), which can impose strict curfews, restrictions on internet usage, and mandatory substance abuse counseling. Failure to comply with these terms may result in a violation hearing and return to custody.

We help clients navigate these complex rules and, where appropriate, petition to modify or terminate unnecessary conditions of supervision that interfere with rehabilitation or reentry.

Defense Strategies for Fighting Drug Charges in Brooklyn

Fighting a drug charge in Brooklyn requires more than a general understanding of New York Penal Law. Success depends on building a targeted, evidence-based strategy that challenges the state’s assumptions, exposes constitutional violations, and shifts the balance of proof back to where it belongs on the prosecution. At Petrus Law, we do not rely on one-size-fits-all tactics. We craft a unique defense plan based on the facts of each case, the drug schedule involved under 21 U.S.C. § 812, and how Brooklyn courts have treated similar charges in the past.

Defendants often feel like they have no options. But the reality is this: many Brooklyn drug arrests involve flawed investigations, illegal searches, and overzealous prosecutions. Exposing these problems can make the difference between prison and freedom.

Challenging the Legality of the Stop, Search, or Arrest

The Fourth Amendment protects all individuals from unreasonable searches and seizures. In Brooklyn drug cases, illegal police conduct is a common issue. Officers must have probable cause, a valid warrant, or a legally recognized exception to perform a search of your person, car, home, or digital device. If they don’t, any evidence they collect may be inadmissible in court.

Many searches conducted during so-called “routine stops” in Brooklyn violate constitutional limits. The New York Civil Liberties Union provides a helpful breakdown of your rights when approached by law enforcement. At Petrus Law, we file suppression motions when officers exceed their legal authority, for example, when they search a backpack without consent or rely on vague descriptions to justify a vehicle search.

Exposing Unlawful Warrant Execution or Warrantless Searches

Brooklyn prosecutors often present search warrants as ironclad, but these documents are only valid when they meet strict criteria under New York Criminal Procedure Law Article 690. If a warrant lacks specificity, relies on stale information, or is executed outside of lawful hours, the resulting search may be invalid.

We challenge these warrants line by line. Our team examines the affidavit submitted to the judge, the timing of the execution, and whether the scope of the search exceeded its limits. For digital searches, we also analyze whether law enforcement followed protocols required under Riley v. California, which mandates a warrant for cell phone searches.

Attacking Chain of Custody and Lab Testing

In every Brooklyn drug offense case, the prosecution must prove that the alleged substance is, in fact, a controlled drug listed in the federal schedule under 21 U.S.C. § 812. That requires lab testing by a certified facility, and that process is far from perfect. Lab technicians can make errors, test the wrong sample, or mislabel evidence. Chain of custody documentation is essential, and even a minor gap can create serious doubt.

We subpoena the testing logs, equipment calibration records, and technician credentials from labs used by the NYPD or contracted by the Kings County District Attorney’s Office. The National Institute of Standards and Technology (NIST) has outlined common forensic lab failures that have led to wrongful convictions, particularly in drug cases.

Using Independent Experts to Re-Test Substances

Petrus Law frequently partners with private forensic chemists to independently test seized evidence. In some cases, the lab results conflict with police claims about the weight, composition, or presence of a controlled substance. When discrepancies arise, we present our findings to the court as part of a motion to dismiss or reduce charges.

We also challenge weight-based classifications. For example, the difference between a misdemeanor and a felony may depend on whether the alleged substance crosses a statutory threshold measured in grams. Lab scale accuracy and measurement procedures can be the deciding factor in the outcome of the case.

Proving Lack of Knowledge or Intent

Under New York law, the prosecution must prove that the defendant knowingly possessed or intended to sell a controlled substance. This is not always easy, especially in cases involving shared spaces like vehicles, apartments, or group homes. Just because something was found nearby does not mean you knew it was there or had control over it.

This concept is crucial in Brooklyn cases where multiple people are arrested at the same location. Prosecutors often charge everyone at the scene without determining actual ownership. We present witness testimony, cross-examine arresting officers, and use circumstantial evidence to show that our client lacked the intent or awareness required by law.

Combatting Constructive Possession Allegations

In cases where the drugs were not found directly on the defendant, prosecutors rely on the theory of constructive possession. This means they argue that the accused had the ability and intent to exercise control over the substance. The legal threshold is high, and courts have frequently ruled that proximity alone is not enough.

We cite case law from the New York Court of Appeals showing that joint occupancy or shared access is not sufficient to establish constructive possession. Each case must be evaluated based on context, witness reliability, and factual nuance.

Investigating Police Misconduct and Entrapment

Some Brooklyn drug arrests involve unethical or even illegal behavior by undercover officers or confidential informants. Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. This defense applies most often in buy-and-bust operations or online stings.

The Brennan Center for Justice has raised concerns about the rise of digital entrapment and over-policing in communities of color. When officers cross the line, we expose their conduct through witness statements, surveillance footage, and digital discovery.

We also file discovery demands under CPL Article 245, which compels the prosecution to disclose the full disciplinary record of any testifying officer. If misconduct occurred in previous arrests, that information could discredit the state’s entire case.

Alternative Resolutions and Diversion Programs Available in Brooklyn

Not every drug offense in Brooklyn results in a conviction or prison sentence. New York law and Kings County court policy increasingly favor alternatives to incarceration, especially for first-time offenders and individuals struggling with substance dependency. Prosecutors and judges in Brooklyn often divert eligible cases into treatment-focused programs, educational initiatives, or community-based supervision, depending on the facts of the case and the charges involved.

At Petrus Law, we identify opportunities for diversion early in the process and fight for alternatives that protect your future. Whether you qualify for a judicial diversion program under New York Criminal Procedure Law or a local initiative operated by the Brooklyn Treatment Court, we help clients navigate these pathways toward rehabilitation and record protection.

Judicial Diversion Under New York’s Felony Drug Court Statutes

New York’s judicial diversion program, codified in Criminal Procedure Law Article 216, allows certain nonviolent felony drug offenders to participate in supervised treatment in lieu of incarceration. This option is available in Kings County Supreme Court and can lead to a complete dismissal or reduction of charges upon successful completion.

Eligible defendants must be charged with a felony drug offense or another qualifying nonviolent felony where substance abuse was a contributing factor. The court must determine that the individual is dependent on a controlled substance as defined under 21 U.S.C. § 812, and that judicial diversion would serve both justice and public safety.

What Happens During Judicial Diversion in Brooklyn

Participants in the Brooklyn diversion program undergo clinical assessment, individualized treatment planning, regular court appearances, drug testing, and monitoring by case managers. If they comply with all conditions and remain arrest-free, they may receive a favorable plea or have their case dismissed entirely. The New York State Unified Court System offers a detailed explanation of these treatment courts and their eligibility criteria.

Our attorneys assist with every step, from petitioning the court for admission into the program to advocating for reduced terms when appropriate. We also represent clients during compliance hearings and file motions to withdraw guilty pleas if the client completes the program.

Brooklyn Treatment Court and Kings County Drug Court

The Brooklyn Treatment Court is one of New York’s most established and well-regarded problem-solving courts. This program targets nonviolent offenders who are ready to enter long-term drug or alcohol treatment in exchange for a more lenient legal outcome.

Brooklyn Treatment Court is available for individuals charged in either the criminal or Supreme Court. Entry is voluntary, but the court must approve your eligibility based on an assessment conducted by treatment providers affiliated with the court. This includes screening for dependency on controlled substances under Schedule I–V of 21 U.S.C. § 812.

Supervision and Accountability in Treatment Court

Participants appear before a single judge who monitors their progress over months or years. The court also coordinates with social workers, therapists, and drug counselors to address addiction and its underlying causes. Noncompliance may result in sanctions, but successful completion often leads to reduced charges, sealed records, or full dismissal.

Petrus Law regularly advocates for clients during treatment court status conferences and negotiates customized treatment terms. When appropriate, we also seek judicial relief to remove bench warrants or reinstate clients into the program after setbacks.

LEAD (Law Enforcement Assisted Diversion) in Brooklyn

In addition to judicial diversion, Brooklyn also participates in LEAD, a public health-centered alternative to arrest for low-level drug offenses. LEAD allows NYPD officers to redirect individuals into treatment and supportive services at the moment of arrest, rather than booking them into jail or sending them through the criminal courts.

This program, modeled on the LEAD program, has been adopted by the Brooklyn District Attorney in collaboration with local nonprofits. Eligible participants are connected to housing support, job training, and addiction services through a case manager. If they comply, their case may be declined for prosecution entirely.

We work with LEAD case managers and Brooklyn prosecutors to ensure clients are accepted into the program and that their participation is documented and credited properly. In cases where arrest is inevitable, we negotiate LEAD participation as an alternative to formal arraignment.

Article 730 Evaluations and Mental Health Alternatives

When drug use intersects with mental health conditions, some clients may qualify for mental health diversion under CPL Article 730, which governs fitness to proceed in criminal court. These evaluations determine whether a person can understand the charges against them and assist in their own defense.

If someone is found unfit, the court may suspend the case and refer the defendant to treatment, with the goal of restoring competency. In some cases, this process creates opportunities for dismissal or referral to mental health court programs.

The New York Office of Mental Health collaborates with Brooklyn courts to manage these referrals. Petrus Law works closely with forensic psychiatrists and court-appointed evaluators to protect clients’ rights and avoid unnecessary incarceration or stigma.

Record Sealing and Restoration Opportunities

For those who successfully complete diversion or alternative sentencing programs, Brooklyn courts may allow record sealing under CPL § 160.59. This statute allows eligible individuals to seal up to two convictions, including one felony, ten years after their last offense.

Record sealing does not erase a conviction, but it prevents public disclosure in background checks and employment screenings, a critical protection for those trying to rebuild their lives after a drug charge. We prepare and file record sealing petitions, represent clients in sealing hearings, and help gather required documentation from employers, treatment providers, and character witnesses.

Speak with a Brooklyn Drug Offense Attorney Today

If you or someone you love is facing drug charges in Brooklyn, your next move matters. A single conviction can alter your life, impacting your freedom, your record, your career, and your family. But you are not powerless. With the right legal team, you can challenge the evidence, expose flaws in the prosecution’s case, and pursue real alternatives to incarceration.

At Petrus Law, we take drug charges seriously. We know how Brooklyn prosecutors build these cases, and we know how to dismantle them. Whether you are dealing with a first-time possession charge, an accusation of sale, or a felony-level offense involving substances classified under 21 U.S.C. § 812, we provide strategic, aggressive defense tailored to your situation.

We don’t just represent clients, we advocate for futures. That starts with a confidential consultation. Let us explain your rights, evaluate your options, and begin protecting your freedom immediately.

Call Petrus Law today at (646) 733-4711 or visit our contact page to speak with a Brooklyn drug offense attorney who is ready to fight for you.