20 Apr 23

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

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

Controlled Substances: Understanding Criminal Possession of a Controlled Substance in the Fifth Degree

Drug possession charges can be overwhelming, especially if you’re facing Criminal Possession of a Controlled Substance in the Fifth Degree. This charge is listed in the New York Penal Code and requires that you possess a specific minimum quantity of a particular narcotic to be convicted. The quantity varies by drug.

Under New York Penal Code § 220.06, controlled substances include narcotics like phencyclidine, cannabis, cocaine, ketamine or preparations containing gamma hydroxybutyric acid (GHB). If you are found with any of these drugs in the amount required by law for that particular drug, you could face prosecution. Additionally, if it can be proven that your intent was to sell any controlled substance found on your person or property, you could also be convicted under this statute.

Related Offenses

It’s important to note that related offenses such as Criminal Sale of a Controlled Substance in the Fourth Degree: New York Penal Law ¬ß 220.34; Criminal Sale of a Controlled Substance to a Child: New York Penal Law ¬ß 220.48; and Criminally Possessing a Hypodermic Instrument: New York Penal Code ¬ß 220.45 could also lead to prosecution.

An Example

Consider this scenario – You are riding as passenger with your friend who runs through red light and gets pulled over by police officers who discover she has vial filled with cocaine during pat-down search . While your friend may face prosecution for possessing illegal drugs , it’s unlikely that you will get charged because they were not found on your person or property but rather on hers.

Possible Defenses

If arrested for criminal possession of controlled substance fifth degree , one possible defense strategy would involve challenging how police discovered evidence against accused individual . Under NY law enforcement must demonstrate probable cause before conducting searches which means they need valid reason to suspect that accused has committed crime or they must have search warrant. If police don’t have probable cause and still conduct a search, prosecutor would find it difficult to move ahead with case and may even dismiss charges.

Possible Sentence

If convicted of Criminal Possession of a Controlled Substance in the Fifth Degree, you could face up to seven years in prison. The judge will consider several factors such as details of crime, your criminal history and personal background before determining sentence . First-time offenders are likely to receive less severe sentences than those with prior convictions.

Why Choose Spodek Law Group?

As a nationwide law firm, Spodek Law Group led by Attorney Todd Spodek has extensive experience handling drug possession cases like Criminal Possession of a Controlled Substance in the Fifth Degree. Our team uses emotionally charged language and show-don’t-tell techniques when writing about legal matters so clients feel confident in our ability to handle their situation.

Our team is dedicated professionals who understand how overwhelming facing drug-related charges can be for individuals. We use our knowledge and experience navigating legal system to provide best possible defense for clients . Contact us today if you’re facing drug-related charges so we can help guide you through process towards favorable outcome.

We believe that exceptional legal representation requires more than just knowledge of the law – it also involves using compelling language that conveys seriousness of situation while demonstrating deep understanding laws governing these types offenses . Our experience handling various drug-related cases including Criminal Possession of Controlled Substance fifth degree demonstrates professionalism expertise which sets us apart from other firms.

In conclusion , if you’re facing any type drug possession charge especially one as serious as Criminal Possession Of A Controlled Substance In The Fifth Degree , it’s important seek out right representation immediately . At Spodek Law Group led by Attorney Todd Spodek we offer exceptional legal services backed by years experience successfully defending clients against similar charges. Don’t wait until it’s too late – contact us today to schedule consultation and take first step towards resolving your legal situation.