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20 Apr 23

NY Penal Law § 220.21: Criminal possession of a controlled substance in the first degree

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

Criminal Possession of a Controlled Substance in the First Degree: Understanding the Law and Possible Defenses

Criminal possession of a controlled substance in the first degree is an offense that carries severe consequences under New York law. If you are found to be in possession of a large amount of drugs, it is assumed that you intend to sell them rather than for personal use. As such, this crime is considered more serious, and the sentence imposed is harsher. However, if you find yourself facing charges related to criminal possession of a controlled substance in the first degree, Spodek Law Group and Attorney Todd Spodek can help.

Understanding The Law
According to New York Penal Code § 220.21, possessing eight ounces or more of narcotic drugs or 5,760 milligrams or more methadone constitutes Class A-1 felony Рwhich requires immediate attention from legal experts like us at Spodek Law Group.

Examples
Imagine driving on New York State Thruway when police pull you over for changing lanes without signaling; during their pat-down search they discover cocaine taped to your leg. This discovery could lead to criminal possession charges if there’s enough cocaine found on your person as required by statute.

Offenses That Are Related
It’s important to note that criminal possession isn’t only drug-related crime under NY law; other offenses include operating as major trafficker (New York Penal Law ¬ß 220.77) and criminal sale (New York Penal Code ¬ß 220.43). These crimes carry harsh penalties requiring expertise from knowledgeable legal teams like ours at Spodek Law Group.

Possible Defenses
At Spodek Law Group and Attorney Todd Spodek we understand how overwhelming being arrested for first-degree criminal possession can be but rest assured we’re here with possible defenses.
One defense strategy involves challenging drug amounts discovered during incidents where narcotics were involved – less than eight ounces cannot validate criminal possession charges. Another defense strategy is to attack the method employed by police in discovering drugs; for a search to be conducted, probable cause must exist – if deemed unlawful, any evidence produced would be inadmissible.

The Sentence
If convicted of criminal possession of a controlled substance in the first degree, you face severe consequences. Along with criminal sale and operating as major trafficker, this crime is categorized as Class A-1 felony which could lead to life imprisonment and fines up to $100k. Trust Spodek Law Group and Attorney Todd Spodek to help fight these charges while protecting your rights.

Table of Related Offenses

Offense
Penal Code

Criminal Possession of a Controlled Substance in the First Degree
New York Penal Law § 220.21

Operating as a Major Trafficker
New York Penal Law § 220.77

Criminal Sale of a Controlled Substance in the First Degree
New York Penal Code § 220.43

Why Choose Spodek Law Group and Attorney Todd Spodek?
When it comes to legal defense, you want knowledgeable teams with experience dedicated towards protecting your rights like ours at Spodek Law Group.
Our team provides personalized attention crafting unique defense strategies tailored specifically for each case because we understand that every situation differs from another.
With us on your side fighting tirelessly for you every step of the way, trust that your case is safe hands.

Conclusion
Facing charges related to criminal possession can be daunting but don’t worry; our team at Spodek Law Group has got you covered! We have years’ worth of experience fighting for clients achieving successful outcomes while providing personalized attention throughout each case’s duration.
Don’t wait until it’s too late before seeking legal representation contact us today for free consultation let us help navigate complex legal systems while ensuring best possible outcome achieved through highest level legal representation. Trust Spodek Law Group and Attorney Todd Spodek to fight for your rights while protecting your future!