New York State Oxycontin Possession Laws: Comprehensive Legal Guide

New York State Oxycontin Possession Laws: Comprehensive Legal Guide

Although it is a prescription drug, Oxycontin can be highly addictive. Its only purpose is to relieve pain. As a result, patients have a tendency to abuse it. Such abuse can lead patients to perform acts that they would not normally. And, such illegal acts can land them in trouble with the law. If you are arrested and charged with Oxycontin possession, then you need to contact a lawyer in brooklyn who has successfully handled drug possession cases.

Severity of Drug Possession Charges

There is not any such thing as a minor drug possession charge. Being charged with possession of a controlled substance is a serious offense. If convicted, you could face from up to one to up to 20 years in prison.

Factors Determining Charges:

• Whether this is your first offense or not
• Where you are arrested
• The kind of controlled substance found in your possession
• The amount

In New York, controlled substances and narcotics are separated into five categories. Under Title I of the New York State Public Health Law, Oxycontin is a Schedule II drug.

New York Controlled Substance Possession Penalties

The penalty for possession of a controlled substance is dependent upon the charge. The penalties and charges are as follows:

• If you are charged with possession of a controlled substance in the seventh degree, this is a class A misdemeanor that carries up to one year in prison;
• If you are charged with possession of a controlled substance in the fifth degree, this is a class D felony that carries up to two and one-half years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the third degree, this is a class B felony that carries up to nine years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the fourth degree, this is a class C felony that carries up to five and one-half years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the second degree, this is a class A-II felony that carries up to 10 years in prison with no prior felony convictions (minimum of three years); and
• If you are charged with possession of a controlled substance in the first degree, this is a class A-I felony that carries up to 20 years in prison with no prior felony convictions (minimum of eight years).

Elements Required for Conviction

The state of New York makes it explicitly clear that the following must have occurred in order to secure a conviction against you for possession of a controlled substance:

• That Oxycontin was the substance and that it is indeed a controlled substance;
• That you were actually in possession of Oxycontin;
• That you were cognizant of your possession of Oxycontin; and
• That your possession of Oxycontin was illegal.

Understanding Possession Types

Your possession must be proven beyond a reasonable doubt. Possession can be either physical or constructive.

Constructive Possession Definition

Constructive possession is whereby you had control over the entire scene, although you were not physically present at the scene. In other words, you had influence over the person who had the controlled substance, as well as control over the place where the controlled substance was found.

Best Defense Strategies

Your best defense to an Oxycontin possession is a brooklyn attorney who has expertise in this field. You need an attorney who will file pre-trial motions for:

• Insufficient evidence
• Miranda Rights violation
• Illegal search and seizure

Such motions could prevent you from serving serious prison time, or prison time altogether.