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Last Updated on: 5th August 2023, 03:47 pm
Understanding NY Penal Law ¬ß 220.03: Criminal Possession of a Controlled Substance in the Seventh Degree
If you have been charged with Criminal Possession of a Controlled Substance in the Seventh Degree, it is crucial to understand the severity of your situation. This misdemeanor offense under New York Penal Code ¬ß 220.03 may be one of the least serious drug crimes, but it can still lead to severe consequences that could affect your future significantly. Therefore, you need an experienced and professional attorney who can help you navigate through this legal situation successfully.
At Spodek Law Group, we have Attorney Todd Spodek, who has years of experience handling similar cases and has successfully represented many clients facing criminal possession charges.
What is Criminal Possession of a Controlled Substance in the Seventh Degree?
Criminal Possession of a Controlled Substance in the Seventh Degree occurs when someone knowingly and unlawfully possesses any controlled substance. The prosecutor may charge an individual with this crime if they possess drugs that are not enough to convict them for felony drug possession charges.
For instance, if someone injects themselves or another person with heroin leaving only trace amounts behind on their hypodermic needle, they could face charges for criminal possession of a controlled substance in the seventh degree.
An Example Of Criminal Possession Of A Controlled Substance In The Seventh Degree
Imagine several individuals gathered together smoking marijuana and snorting cocaine inside an apartment. One woman’s friend begins having seizures before passing out due to excessive drug use; she gets nervous and calls 911 immediately for emergency medical services’ assistance.
The paramedics arrive at her apartment alongside police officers who give her friend necessary medical attention while also noticing traces of cocaine on one table where everyone was congregated earlier on during their partying session.
Although she possessed cocaine within her home premises at that time, she couldn’t be prosecuted because law enforcement officials discovered it after responding to her call for emergency medical services.
Criminal Injection of a Narcotic Drug (New York Penal Law ¬ß 220.48), Criminal Sale of a Controlled Substance in the Fourth Degree (New York Penal Law ¬ß 220.34), and Criminally Possessing a Hypodermic Instrument (New York Penal Law ¬ß 220.45) are all offenses related to Criminal Possession of a Controlled Substance in the Seventh Degree.
The statute provides two important defenses to this crime. Firstly, if you lawfully possess any residual amount of controlled substance within your hypodermic needle under New York Public Health Law ¬ß 3381, you cannot be prosecuted for criminal possession.
Secondly, if police officers discover that someone is unlawfully possessing any controlled substance because they gained access to their premises after responding to an emergency medical assistance call for someone who overdosed or had some other type of medical emergency, they cannot be prosecuted under this statute.
Factors Considered During Sentencing
When determining sentencing for individuals convicted with Criminal Possession Of A Controlled Substance In The Seventh Degree, several factors come into play:
The Crime Committed
The severity and circumstances surrounding the offense such as the type and quantity of drugs involved will be considered.
Details Of The Crime
How it was committed, level planning involved whether it was first-time or repeat offense will also affect sentencing.
Your Criminal History
If you have prior drug-related convictions on your record(s), especially those involving controlled substances; then expect harsher sentences than first-time offenders.
Your Personal Background
Age, mental health status employment history among others are taken into account when considering sentencing options
Get Professional Legal Help from Spodek Law Group
If charged with criminal possession charges in New York City’s seventh degree category or higher levels thereof – seek legal representation from Spodek Law Group. Our team of experienced attorneys, led by Todd Spodek, has a proven track record of success in handling drug crime cases.
We understand that this can be a stressful and emotional time for you; thus, we are committed to providing the legal guidance and support needed to get through this challenging situation successfully. We will work tirelessly to help you achieve the best possible outcome while fighting for your rights and protecting your interests.
Our firm is known for excellence in legal representation with extensive experience navigating complex legal systems. We have what it takes to build strong defense strategies that negotiate with prosecutors on behalf of our clients – getting charges reduced or dismissed altogether.
Don’t wait until it’s too late! Contact us today at Spodek Law Group and let us help you get the justice you deserve. Attorney Todd Spodek and our team of experts are here every step along the way towards securing your future- call now for a free consultation!