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FROM THE DEFENSE DESK / DRUG CRIMES
5 AUG 2026 · UPDATED 20 AUG 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: DRUG CRIMES
DOCKET NO. 402 · THE DEFENSE DESK

NYC Heroin Criminal Defense Lawyers.

Facing heroin possession or sale charges in NYC? Learn about New York Penal Code classifications, felony levels, penalties, fines, and related drug paraphernalia offenses. Discover how Spodek Law Group’s experienced criminal defense attorneys can help navigate complex NYC heroin drug charges and protect your rights in New York courts.

Todd A. Spodek
Todd A. Spodek
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Heroin is an addictive substance that is classified as a Schedule I controlled substance in both New York state law and federal law. Due to its highly addictive nature, law enforcement agencies and prosecutors take aggressive action against individuals found in possession of heroin.

New York Penal Code and Controlled Substance Offenses

The New York Penal Code categorizes controlled substance offenses into different classifications, including possession, distribution, and possession of drug paraphernalia. When an individual is charged with a drug-related crime, the severity of the charges depends on the amount of heroin involved.

Heroin Possession Charges

According to the New York Penal Code, possession of heroin is considered a criminal offense known as criminal possession of a controlled substance. There are four charges related to heroin possession, with the severity of the charges determined by the quantity of heroin found in the accused's possession.

Fourth Degree Possession

If an individual is found with at least an eighth of an ounce of heroin, they will be charged with fourth-degree criminal possession of a controlled substance. This offense is classified as a Class C felony, and the consequences can include up to 15 years in prison, as stated in New York Penal Code 220.09.

Third Degree Possession

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