220.09 Criminal possession of a controlled substance in the fourth degree

Overview of New York Drug Offenses

Even though the legality of drugs continues to be a matter of debate in New York, New York still has a long and aggressive list of criminal drug offenses. Lawmakers divide the charges into what they see as being the most serious offenses with the biggest possible penalties to the lowest offenses with the least potential consequences. They ban possessing drugs, selling them, and selling them on a school grounds or with the assistance of a minor child.

In the middle of the pack for serious drug offenses is criminal possession of a controlled substance in the fourth degree. The most serious drug possession offenses are possession in the first degree offenses. The least serious offenses are seventh degree offenses. While all possession charges are serious offenses, a fourth-degree possession offense is a class C felony.

Penalties for Fourth-Degree Possession

A conviction may result in jail and even up to 15 years in prison. On the other hand, a class C felony is an offense where the judge has more discretion than in some other, more serious felony offenses.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over for a minor traffic violation in Manhattan, and during the stop, officers discovered several small bags of cocaine in your glove compartment weighing just over one-eighth of an ounce combined. You've now been charged under New York Penal Law § 220.09 with criminal possession of a controlled substance in the fourth degree.

What exactly does a fourth-degree criminal possession charge mean for me, and what kind of penalties am I facing?

Attorney's Answer

Under New York Penal Law § 220.09, criminal possession of a controlled substance in the fourth degree is a Class C felony, which carries a potential sentence of up to 15 years in prison. This charge typically applies when a person knowingly and unlawfully possesses a narcotic drug, such as cocaine, in a quantity meeting specific statutory thresholds — in this case, one-eighth of an ounce or more. However, depending on your criminal history and the circumstances, alternatives like judicial diversion under CPL § 216.05 or a plea to a reduced charge may be available. An experienced defense attorney can examine whether the search of your vehicle was constitutional under the Fourth Amendment and challenge the weight or identification of the substance to fight for a dismissal or reduction of charges.

This is general information only. Contact us for advice specific to your situation.

Elements of the Offense

There isn’t one definition of just one action that constitutes possession of a controlled substance in the fourth degree. Instead, the amounts of each drug you must possess to be in violation of the law depend on the type of drug. You may need to refer to New York’s schedule of controlled substances in order to determine what applies in your case.

Drug Type and Possession Thresholds