NY Penal Law § 221.10: Criminal possession of marihuana in the fifth degree

| by Max Soni

Last Updated on: 5th August 2023, 03:47 pm

Defending Against Criminal Possession of Marijuana in the Fifth Degree

Marijuana is one of the most commonly used drugs in America. Although some states have legalized its recreational use, New York still prohibits its possession and use without a valid medical prescription. One of the charges you can face for possessing marijuana in this state is criminal possession of marijuana in the fifth degree.

This charge may be classified as a misdemeanor, but it’s not something to take lightly. It’s a serious crime that could land you behind bars for up to three months. If you’re facing this charge, it’s crucial to seek legal representation from an experienced attorney who understands New York Penal Law § 221.10 intricacies.

At Spodek Law Group, we have handled countless drug-related cases led by Attorney Todd Spodek himself and his team knows what it takes to defend clients against these charges.

Understanding Criminal Possession of Marijuana in the Fifth Degree

Under New York Penal Code § 221.10, there are two conditions under which you can be charged with criminal possession of marijuana in the fifth degree:

1) Smoking or burning marijuana publicly where it was visible
2) Unlawful possession exceeding 25 grams

For instance, if you were walking down the street with friends and decided to light up a joint while smoking publicly where law enforcement saw you doing so; they would arrest and charge you with criminal possession of marijuana in the fifth degree based on public view alone.

Offenses Related To Criminal Possession Of Marijuana In The Fifth Degree

Other offenses related to criminal possession include:

– Criminal sale of controlled substances (fifth-degree)
– Criminal sale (fifth-degree) or purchase (first-time offender status only)of marijuana
– Controlled substance possessions(fifth-degree)

These charges carry severe consequences that could lead to long prison sentences if found guilty. At Spodek Law Group, we have experience handling all these charges and know how to mount a successful defense in your case.

Possible Defenses Against Criminal Possession of Marijuana in the Fifth Degree

If you’re facing criminal possession of marijuana charges, there are several possible defenses that your attorney can use to challenge them. One defense is arguing that the actual weight of the marijuana was lower than 25 grams, making it an unsustainable charge. Another defense is claiming that the search where law enforcement found the marijuana was unlawful and therefore should be inadmissible evidence.

At Spodek Law Group, we have successfully used these and other defenses to help our clients avoid criminal convictions. We understand how much your freedom and future matter; thus, we will do everything within our power to protect your rights and interests.

Sentencing for Criminal Possession of Marijuana in The Fifth Degree

If convicted of criminal possession of marijuana in the fifth degree, you could face up to three months behind bars with a three-year probation term. Probation comes with rules one must follow strictly as violating those rules could result in revocation leading back into jail time.

Don’t take chances with your freedom or future; contact Spodek Law Group today for legal representation from Attorney Todd Spodek himself- a skilled and experienced criminal defense lawyer who has handled countless drug-related cases before now! Our team will work tirelessly on every step towards achieving justice for you by negotiating plea deals or taking cases through trial if necessary.

Working With Spodek Law Group

Facing criminal charges can be overwhelming and stressful but not when working with us at Spodek Law Group. We provide personalized compassionate legal representation keeping clients informed about their case status while answering all questions asked providing guidance needed for informed decisions made throughout proceedings.
Our team has deep knowledge regarding New York’s criminal law system coupled with experience defending against drug charges such as this one -criminal possession of marijuana (fifth-degree). We’ll investigate facts surrounding each client’s case gathering evidence building strong defenses on their behalf.

Conclusion

If you’re facing criminal possession of marijuana charges, it’s crucial to have a skilled and experienced attorney on your side. At Spodek Law Group, we have the knowledge, skills, and resources needed to defend you against these charges. We will fight tirelessly to protect your rights and interests while helping you achieve the best possible outcome in your case. Contact us today for legal representation from Attorney Todd Spodek himself!