New York Drug Charges Criminal Defense Lawyers

Every state regulates the possession of controlled substances. However, each state has a different definition of a controlled substance and different penalties for possession. In New York, well-known drugs such as heroin and cocaine are classified as controlled substances as well as compounds used to manufacture them.

Controlled Substance Classification in New York

There are five “Schedules” of controlled substances. Schedule I controlled substances have a high probability of addiction and no recognized medical purpose. Schedules II, III, IV, and V decrease in probability of addiction and increase in recognized medical uses.

Penalties for Possession a Controlled Substance in New York

It is illegal to possess a controlled substance without a valid prescription. The penalties for possession depend on the type and amount of controlled substance involved in the violation, as described below:

Class A-I Felony

It is a felony to possess more than eight ounces of narcotic drugs or more than 5,760 milligrams of methadone. The penalties if convicted of a Class A-I felony include a fine of up to $100,000, fifteen to 25 years in prison, or both. (N.Y. Pub. Health Law § 220.21)

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Legal Scenario: What Would You Do?

Scenario

You were pulled over for a broken taillight in Manhattan, and the officer found several small bags of cocaine in your glove compartment along with a digital scale. You were arrested and charged with criminal possession of a controlled substance in the third degree, a class B felony.

What kind of penalties am I facing for drug possession charges in New York, and is there any way to avoid prison time?

Attorney's Answer

Under New York Penal Law § 220.16, criminal possession of a controlled substance in the third degree is a class B felony carrying a potential sentence of 1 to 9 years in prison. However, the presence of the scale could lead prosecutors to pursue an intent-to-sell charge under Penal Law § 220.39, which carries even steeper penalties. We would immediately examine whether the traffic stop and subsequent search were conducted lawfully under the Fourth Amendment, since an illegal search could result in suppression of all evidence. Depending on your criminal history, we may also explore alternatives such as judicial diversion under CPL § 216.05, which allows eligible defendants to enter treatment programs instead of facing incarceration.

This is general information only. Contact us for advice specific to your situation.

Class A-II Felony

It is a felony to possess:

• Four to eight ounces of narcotic drugs,
• More than two ounces of methamphetamine or more than ten grams of any other drug classified as a stimulant,
• More than 25 milligrams of lysergic acid (LSD),
• More than 625 milligrams of any drug classified as a hallucinogen,
• More than 25 grams of a hallucinogenic substance, and
• 2,880 milligrams to 5,760 milligrams of methadone.