NYC Fifth Degree Controlled Substance Possession Lawyers

Confusion exists in New York state about the ramifications of possession of a controlled substance. Persons charged with a felony may find themselves shocked to see such severe charges levied at them. Often, people believe that recreational drugs won’t get them into as much trouble. They do not understand how the law works or what the statutes say. For example, depending on the amount a person possesses, the charges could be brought up as misdemeanors or as felonies. Other factors can lead to possession rising to the felony level, and not all felonies are the same, either. Felonies rank in degrees with crimes becoming more severe as the numerical order decreases.

Sale of a Controlled Substance

Under the law, a person may face charges of Criminal Possession of a Controlled Substance in the Fifth Degree when he/she possesses a drug intending to sell; or, he/she possesses a specific amount of a particular drug. If the intent is “to sell,” then the amount of the drug does not matter.

Also, defendants must be aware that “to sell” does not only refer to the exchange of money, goods, or services for drugs. “Sell” also includes giving someone drugs or disposing of drugs to another person. A person can face this charge even when offering or agreeing to do any of the definitions of “sell.”

Please see “PEN § 220.00 Controlled substances; definitions” for more information.

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Legal Scenario: What Would You Do?

Scenario

After a night out in Manhattan, you are stopped by NYPD officers during a routine subway bag check and they discover a small bag containing what they identify as a controlled substance in your backpack. You are arrested and shocked to learn you are being charged with Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony, rather than a simple misdemeanor.

How can simple possession of a small amount of a controlled substance result in a felony charge in New York?

Attorney's Answer

Under New York Penal Law § 220.06, Criminal Possession of a Controlled Substance in the Fifth Degree is classified as a class D felony, which carries a potential sentence of up to 2.5 years in prison even for what many people consider personal-use quantities. The charge applies when a person knowingly and unlawfully possesses a controlled substance with intent to sell, or possesses certain specified quantities regardless of intent. Many people mistakenly believe that small amounts only lead to misdemeanor charges, but New York's drug scheduling and weight thresholds can elevate even seemingly minor possession to felony level. An experienced NYC criminal defense attorney can evaluate whether the search was lawful, challenge the weight or substance identification, and potentially negotiate a reduction to a lesser charge or diversion program under New York's drug court alternatives.

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

Possession of a Controlled Substance: Fifth Degree

Criminal Possession of a Controlled Substance in the Fifth Degree is the first felony level of drug possession. A Fifth Degree Felony represents a Class D felony. The law defines the circumstances of possession definitively, so there is no ambiguity about the statute. Further clarification about Fifth Degree Possession appears in the New York Penal Law § 220.06.

The Amounts Related to Fifth Degree Charges