Criminal Defense Lawyers

NYC Fifth Degree Controlled Substance Possession Lawyers

Confusion exists in New York state about the ramifications of possession of a controlled substance. Persons charged with a felony may find themselves shocked to see such severe charges levied at them. Often, people believe that recreational drugs won’t get them into as much trouble. They do not understand how the law works or what the statutes say. For example, depending on the amount a person possesses, the charges could be brought up as misdemeanors or as felonies. Other factors can lead to possession rising to the felony level, and not all felonies are the same, either. Felonies rank in degrees with crimes becoming more severe as the numerical order decreases.

Sale of a Controlled Substance

Under the law, a person may face charges of Criminal Possession of a Controlled Substance in the Fifth Degree when he/she possesses a drug intending to sell; or, he/she possesses a specific amount of a particular drug. If the intent is “to sell,” then the amount of the drug does not matter.

Also, defendants must be aware that “to sell” does not only refer to the exchange of money, goods, or services for drugs. “Sell” also includes giving someone drugs or disposing of drugs to another person. A person can face this charge even when offering or agreeing to do any of the definitions of “sell.”

Please see “PEN § 220.00 Controlled substances; definitions” for more information.

Possession of a Controlled Substance: Fifth Degree

Criminal Possession of a Controlled Substance in the Fifth Degree is the first felony level of drug possession. A Fifth Degree Felony represents a Class D felony. The law defines the circumstances of possession definitively, so there is no ambiguity about the statute. Further clarification about Fifth Degree Possession appears in the New York Penal Law § 220.06.

The Amounts Related to Fifth Degree Charges

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

New York state law also defines specific felony possession charges based on the amount of a particular drug. One controlled substance may be a felony at a lower amount than what is the case with another drug. Generally, the amount required for the first felony level is 1/2 of an ounce or more. The New York Penal Code lists the following drugs and their corresponding amounts as Class D/Fifth Degree felonies:

• PCP – 50 mg and above.
• Concentrated cannabis – 1/4 ounce or more.
• Cocaine – 500 mg or more.
• GHB – 28 g or more.
• Ketamine – 1000 mg or more.

A person can also be charged with a Class D felony/Fifth Degree Possession if they possess ketamine and have a previous conviction for ketamine possession or the attempt to possess ketamine. The amount does not matter when prior convictions come into play.

Understanding Possession of a Controlled Substance

The law details the definitions of what is a controlled substance and what constitutes possession. Generally, a controlled substance refers to an illegal drug or a drug that is illegal to possess without a prescription. The federal government maintained a scheduled list of controlled substances.

Definitive elements exist with the legal definition of “possession.” In general terms, a person must knowingly and unlawfully maintain physical possession or dominion or control over tangible property. The statutes go into further detail about possession and corresponding elements.

If a person has a controlled drug in his/her shirt pocket, this will likely constitute possession. Possession may also refer to someone who knowingly has controlled substances in the basement of his/her home even though he/she was in the living room when arrested, as he/she maintains control or dominion over the property in the house. However, if the controlled substance requires a prescription, and the person has a prescription for the drug in the prescribed amount, then the possession is lawful.

Be aware the above example is a broad illustration of examples of possession of a controlled substance and is not a substitute for legal advice.

Defenses for Criminal Possession of a Controlled Substance in the Fifth Degree

The defenses for criminal possession of drugs can range. An attorney may prove that the person charged did not possess any drugs, or he/she legally possessed them. Under certain circumstances, the attorney could argue entrapment or even bring up the statute of limitations — anyone charged with possession benefits from discussing the specifics of a case with legal counsel.

An attorney could approach the charges in many ways, including going to trial and pleading not guilty, pleading guilty to lesser charges, and so on. An attorney can also argue for preferable sentencing if found guilty.

Ultimately, anyone facing misdemeanor or felony charges may wish to seek out qualified counsel to discuss representation and defense strategies.