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Last Updated on: 5th August 2023, 03:47 pm
Criminal Possession of a Controlled Substance in the Second Degree: Understanding the Law and Possible Defenses
Under NY Penal Law ¬ß 220.18, criminal possession of a controlled substance in the second degree is a serious offense that can lead to life imprisonment and hefty fines up to $50,000. This charge applies when an individual unlawfully possesses specific drugs such as narcotics, methamphetamine, stimulants, hallucinogens, among others in certain amounts.
If you are facing this charge or related offenses like criminally possessing a hypodermic instrument or criminal sale of a controlled substance in the second degree (NY Penal Law ¬ß 220.45 and NY Penal Law ¬ß 220.41), it is crucial to seek legal representation from experienced attorneys like Todd Spodek and his team at Spodek Law Group.
Possible Defenses Against Criminal Possession of a Controlled Substance in the Second Degree
When charged with criminal possession of a controlled substance in the second degree, you have every right to defend yourself against these allegations. With an experienced attorney by your side like Todd Spodek and his team at Spodek Law Group who understand possible defenses that can be utilized to challenge this charge.
One common defense strategy is challenging how law enforcement officers found drugs during their search for probable cause before carrying out any search operation legally. If they conducted an illegal search without probable cause leading them to find drugs on your person or property illegally obtained evidence would be deemed unusable hence dismissed from court proceedings resulting in case dismissal.
Another possible defense strategy could involve challenging drug quantity requirements under statute laws since each drug has very specific requirements regarding minimum amounts necessary for conviction purposes if no sufficient amount was found on your person; then demonstrating that someone else owned those drugs could help prove innocence beyond reasonable doubt.
The Gravity Of The Offense
It’s essential first to understand what constitutes criminal possession of a controlled substance before delving into possible defenses. The table below shows the minimum amounts of drugs necessary to commit criminal possession of a controlled substance in the second degree.
|Drug Type||Minimum Amount|
|Narcotics||At least 4 ounces|
|Methamphetamine||At least 2 ounces|
It is important to note that simply possessing these drugs in such quantities is sufficient grounds for criminal charges, even if they are found on your property or car and not necessarily on your person. Additionally, you must have been aware of their presence to be convicted under this offense.
To better understand how severe this charge can be, consider an example where several people tipped off law enforcement officers about cocaine being present in someone’s home. Upon execution of a search warrant, police found cocaine inside a shoebox located in the basement area; however, the man denied any knowledge regarding its existence there.
In such cases, prosecutors must prove beyond reasonable doubt that one had knowledge about drug presence before charging them with criminal possession of a controlled substance. In this case scenario above, Todd Spodek and his team at Spodek Law Group could use defense strategies demonstrating lack of awareness as evidence proving innocence beyond reasonable doubt.
Criminal Possession Of A Controlled Substance In The Second Degree is no laughing matter since it carries Class A-II felony penalties like life imprisonment and hefty fines up to $50,000 upon conviction. Therefore it’s essential first to seek legal representation from experienced attorneys like Todd Spodek and his team at Spodek Law Group who understand possible defenses against these allegations while navigating complex legal processes leading towards best-case outcomes for clients.
At Spodek Law Group, we understand how stressful and overwhelming facing criminal charges can be. That’s why our team is available 24/7 to provide you with the support and guidance you need during this challenging time. We are committed to providing compassionate and dedicated legal representation while guiding you through every step of the process towards achieving best-case outcomes for your case.
So if you or someone close to you is facing a charge of criminal possession of a controlled substance in the second degree, don’t hesitate to reach out to us today! Contact Todd Spodek and his team at Spodek Law Group now for expert legal advice, representation, and start building your defense against these allegations immediately!