24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

220.18 Criminal Possession of a Controlled Substance in the Second Degree

Criminal possession of a controlled substance in the second degree is a crime that is committed if you knowingly and illegally possess drugs. In the state of New York, it is governed by New York Penal Code 220.18. It’s important to know what the law entails in case you are ever arrested under suspicion of the crime.

What Factors Must be Present According to New York Penal Code 220.18?

You can be charged with the crime of criminal possession of a controlled substance in the second degree if any of the following criteria is a factor in your situation:

• You possess narcotics that weigh at least four ounces
• You possess methamphetamine that weighs at least two ounces
• You possess a stimulant that weighs at least 10 grams
• You possess a lysergic acid diethylamide that weighs at least 25 milligrams
• You possess a hallucinogen that weighs at least 625 milligrams
• You possess a hallucinogen that weighs at least 25 grams
• You possess methadone that weighs at least 2,880 milligrams

It should be noted that if you are arrested for the crime and are prosecuted, it doesn’t necessarily mean the police must have discovered drugs on your person. If the police uncovered the drugs in your home, vehicle or another place that you control, it’s enough for you to be prosecuted for criminal possession of a controlled substance in the second degree. The only requirement that must be in place is that you were aware of the drugs.

For instance, if police received tips from a few people that a person had heroin in his home and they acquired a search warrant to search the premises if police discovered the drugs hidden in a small fridge in the basement and the individual knew the drugs were there, they could be prosecuted. The prosecutor in the case would have to prove that the defendant knew that the heroin was stashed away in his home.

Possible Defenses for criminal Possession of a Controlled Substance in the Second Degree

There are a few different defenses your criminal defense attorney can use If you are arrested for criminal possession of a controlled substance in the second degree. One of them is to challenge the charge because the amount of drugs that was uncovered was considerably less than what is mentioned in the Penal Code, which states a very specific amount in order to be prosecuted.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

A criminal defense lawyer can also argue that the police discovered the drugs in an unlawful manner, such as if they did not possess a search warrant. The court would, therefore, have no choice but to dismiss the charges.

Another possible defense is for your attorney to argue that the drugs the police uncovered were not yours and that another person was the one aware of their existence. This defense is typically used when the drugs in question were not found on your person.

Possible Sentences and Penalties for criminal Possession of a Controlled Substance in the Second Degree

Criminal possession of a controlled substance in the second degree is considered a class A-II felony, which makes it one of the most serious crimes as per the New York Penal Code. As a result, if you are convicted of the crime, you can expect to possibly receive a term of life in prison as well as a fine amounting up to $50,000.

The actual amount of prison time a person can receive when convicted for this crime is a minimum of three to eight years. However, the individual’s actual sentence depends on a variety of factors, including whether they have a prior criminal history.

If you are arrested for criminal possession of a controlled substance in the second degree, you need an experienced criminal defense attorney on your side, fighting for your rights. Get in touch with a New York criminal defense lawyer at your earliest convenience.

Schedule Your Consultation Now