Criminal Defense Lawyers

NY Penal Law § 22006 Criminal possession of a controlled substance in the fifth degree

NY Penal Law § 220.06: Criminal possession of a controlled substance in the fifth degree

Criminal possession of a controlled substance in the fifth degree is one of a handful of drug possession charges listed in the New York Penal Code. Like many of the drug possession charges, the fifth degree criminal possession charge depends on you possessing a certain minimum quantity of a particular type of narcotic. The quantity required varies by drug. Under New York Penal Code § 220.06, the prohibited drugs include:

• A narcotic preparation,  
• Phencyclidine,  
• Cannabis,  
• Cocaine,  
• Ketamine, or
• a preparation containing gamma hydroxybutyric acid. 

The only way you can be successfully prosecuted for this offense is if you are discovered to be in possession of one of the above  listed drugs in the amount required by the statute for that particular drug. Additionally, if you are found with any drug that is a controlled substance in any amount and your intent to sell it can be proven by a prosecutor, you could be convicted under this statute.

An Example

You are a passenger in your friend’s car. The friend who is driving runs through a red light and the police immediately pull your friend over. It is discovered that your friend’s driver’s license is suspended. The police then perform a pat down search of your friend and in the process, they find that she has a vial of cocaine in her pocket. Shethen gets arrested for criminal possession of a controlled substance. While your friend could certainly be prosecuted for this offense, it would be much more difficult for you to also be prosecuted, as the drugs were found on your friend’s person and not in the car or on your person.

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2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

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2024-03-15

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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!

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2024-03-12

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2024-03-12

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2024-02-28

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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.

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Offenses that are Related

Criminal sale of a controlled substance in the fourth degree: New York Penal Law § 220.34

Criminal sale of a controlled substance to a child: New York Penal Law § 220.48

Criminally possessing a hypodermic instrument: New York Penal Code § 220.45

Possible Defenses

If you get arrested for criminal possession of a controlled substance in the fifth degree, you could defend yourself by challenging the method the police used to find the narcotics. New York law requires that police must be able to demonstrate that they had probable cause before they can conduct a search. In other words, they must have a valid reason to suspect that you have committed a crime, or they must have a search warrant. the police, For example, may not lawfully pull you over if you are not violating any traffic laws and there is no other reason to suspect that you have committed a crime. If they do so and they search you and your car and find drugs in your car or on your person, the prosecutor would have a rather tough time moving ahead with the case. In fact, there is a good chance that the prosecutor would end up dismissing the charges.

Sentence

Since criminal possession of a controlled substance in the fifth degree is a Class D felony, if you are convicted your possible sentence will be as much as 7 years in prison. For the purpose of determining your sentence, the judge will take several factors into consideration.  These factors include the crime committed, the details of the crime, your criminal history and your personal background. If you are a first time offender, then your sentence will be a lot less severe than if you have a criminal history.