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NY Penal Law § 22016 Criminal possession of a controlled substance in the third degree
(0) Comment |Last Updated on: 3rd June 2023, 09:31 pm
Understanding Criminal Possession of a Controlled Substance in the Third Degree: Charge and Possible Defenses
If you or someone you know is facing criminal possession of a controlled substance in the third degree charges, comprehending the severity of this offense is absolutely crucial. This charge carries a class B felony classification under New York Penal Law § 220.16 and, if convicted, can result in horrific consequences of up to 25 years behind bars. However, with the assistance of an experienced and dedicated legal team, such as the Spodek Law Group led by the skilled Attorney Todd Spodek, there may be viable defenses that could lead to a significantly more favorable outcome.
The Crime: Essential Details You Need to Know
Under New York Penal Law § 220.16, criminal possession of a controlled substance in the third degree takes place when an individual knowingly and unlawfully possesses drugs, narcotics, or specified quantities of other specific types of controlled substances with the clear intent to sell them. Astonishingly, even without any intention to sell these substances, possessing specified amounts can still result in this grave charge.
It is vital to note that law enforcement officials do not need to find drugs on your person for them to press charges against you. If they discover drugs anywhere else within your control, such as your car or home, it would be enough evidence for them to build their case against you. However, they must prove that you knew about these drugs.
Related Offenses
Other related offenses include:
- criminal sale of a controlled substance in the third degree (New York Penal Law § 220.39)
- criminal injection of a narcotic drug (New York Penal Law § 220.48)
- Criminally possessing a hypodermic instrument (New York Penal Code § 220.45)
Potential Defenses
Spodek Law Group has successfully handled a plethora of cases involving criminal possession charges and has developed effective, powerful defense strategies tailored specifically for each client’s needs.
One possible defense strategy involves challenging the quantity found during the police investigation. Anything lower than the required amount by the statute would result in dropped charges. Another possible defense is to challenge the police’s search strategy since they need probable cause to conduct a search. If it can be deemed unlawful, anything found during that search, including narcotics, would be inadmissible in court.
The Sentence: Crucial Information You Need to Know
A criminal possession of a controlled substance in the third-degree charge carries severe, life-altering consequences. A conviction could lead up to a staggering 25 years behind bars, with a minimum prison sentence of five years for those without prior felony convictions and ten years for those with previous convictions. Additionally, you may also have to pay substantial fines of up to $30,000.
Why Choose Spodek Law Group?
At Spodek Law Group, we understand how emotionally and financially draining criminal charges can be on your life. Therefore, we provide professional, personalized, and compassionate legal representation tailored specifically for each client’s needs. Our team has successfully handled numerous cases involving criminal possession charges over the years due to our deep understanding of the law and the experience necessary for these types of high-stakes cases.
We believe that transparency is key when dealing with clients. As such, we keep them informed every step of the way while explaining their options clearly and concisely throughout the legal process. We are available at all times should any questions or concerns arise from our clients as we work diligently towards investigating their case thoroughly before developing an effective defense strategy tailored specifically for them.
| Charge Classification | Possible Sentence |
|---|---|
| criminal Possession of a Controlled Substance in Third Degree | Class B Felony |
| Up To 25 Years In Prison | |
| Minimum of Five Years If No Prior Felony Convictions | |
| Minimum of Ten Years If Prior Conviction | |
| Fine of Up To $30,000 |
In Conclusion
Being charged with criminal possession of a controlled substance in the third degree can have serious, long-lasting consequences. However, having experienced and dedicated legal representation like Spodek Law Group could make all the difference between favorable outcomes or unimaginable hardships. Contact us today to schedule a consultation and begin your journey to a solid defense.