Felony PCP Cases In New York By Michael Joseph on August 20, 2010

As a New York criminal defense attorney who regularly handles drug and narcotics cases, I have successfully defended PCP felony cases. New York’s PCP laws make possession of minimal weights of PCP a felony.

However, our New York criminal defense attorney has successfully exploited a loop hole in the law and the inherent nature of PCP to achieve knockdowns of felony PCP cases to misdemeanors.

PCP is often used by pouring it on mint leaves. When New York police submit PCP for analysis, they often submit the mint leaves also. Then the lab techs usuallly weight the gross weight of the mint leaf and the PCP. However New York’s felony drug laws, mandate that the PCP be over the felony weight limit. Since the lab techs weight the leaves, they cannot distinguish what weight is attributable to the PCP and what weight attributable to the the leaf.

Additionally, PCP evaporates very quickly. As a result, there is usually not enough PCP for retesting. Therefore, at best, the prosecutors in New York can only prove misdemeanor level possession. New York criminal defense lawyer Michael Joseph has won several felony hearings on PCP cases and obtained misdemeanor level dispositions without jail.

Related to This

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 18 West 33rd Street Suite 400 New York, NY

New York Office

18 West 33rd Street
Suite 400
New York, NY 10001

Open Today 8:30am - 6:00pm

Google map image of our location in 203 E Post Rd  White Plains, NY

White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

What is the best time for you?

Add additional time

Which location would you prefer?

Tell us a bit about yourself...

(212) 858-0503 Send a message