Thanks for visiting Federal Lawyers. We’re a second-generation law firm – managed by our lead attorney, with over 50 years of combined experience handling criminal defense cases across New York. If you’re reading this, you’re likely facing drug charges or trying to understand what happens when someone gets caught with drugs in New York. The penalties depend entirely on what you had, how much, and what prosecutors think you planned to do with it.
This article breaks down New York’s drug possession law – the degree system, the weight thresholds that determine your charges, and the actual prison time you’re facing. We’re explaining what matters when you’re arrested, not every legal theory that exists.
New York’s Seven-Degree System for Drug Possession
New York structures drug possession charges using degrees under Penal Law Article 220 – seventh degree being the lowest, first degree the most serious. The degree determines whether you’re charged with a misdemeanor or felony, and what prison sentence you face.
Seventh-degree possession is a Class A misdemeanor. That’s the charge for small amounts of controlled substances – personal use quantities without intent to sell. You’re looking at up to 364 days in jail and a $1,000 fine. Most first-time possession arrests start here.
Fifth-degree possession jumps to a Class D felony. This applies when you possess drugs with intent to sell, or when you cross certain weight thresholds. Half an ounce of a narcotic like heroin, 500 milligrams of cocaine, or 50 milligrams of PCP – any of these trigger fifth-degree charges. Now you’re facing one to seven years in prison.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196The degrees climb from there based on weight. Third and second degree are Class B felonies with higher amounts. Then there’s first degree – the kingpin charge.
First-Degree Possession: Eight Ounces and Mandatory Prison Time
Eight ounces of narcotics. That’s the line for first-degree criminal possession under Penal Law § 220.21. This is a Class A-1 felony – the same classification as murder.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
The mandatory minimum is eight years in state prison. The judge has zero discretion to go lower. Maximum sentence is 20 years for first-time offenders. If you have prior felony drug convictions, that minimum climbs to 12 years, then 15 years for repeat offenders.
Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
We see these charges when someone gets caught with bulk quantities. Prosecutors assume you’re distributing at that level, even without direct evidence of sales.
