Nassau County Cocaine Possession Laws

Getting charged with cocaine possession in Nassau County can be really scary. Even if it’s a small amount for personal use, possession is illegal and can lead to serious consequences. As someone whose been through the system myself, I want to break down the laws in a simple way and talk about defenses that could help. I’m not a lawyer but I’ll share what I’ve learned from my own experience and research.

The Charges

There’s a few different cocaine charges in New York law, based on how much you had:

• Criminal possession of a controlled substance in the seventh degree – less than 500 milligrams of cocaine
• Criminal possession of a controlled substance in the fifth degree – at least 500 milligrams but less than 1/8 ounce of cocaine
• Criminal possession of a controlled substance in the fourth degree – at least 1/8 ounce but less than 1/2 ounce of cocaine
• Criminal possession of a controlled substance in the third degree – at least 1/2 ounce but less than 2 ounces of cocaine
• Criminal possession of a controlled substance in the second degree – at least 2 ounces but less than 8 ounces of cocaine
• Criminal possession of a controlled substance in the first degree – 8 ounces or more of cocaine

As you can see, the more coke you have, the higher the charge. Even a few grams can lead to some jail time. Possession of larger amounts like 1/2 ounce is a felony.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over for a broken taillight in Nassau County and the officer spotted a small bag of cocaine in your center console during the stop. You were arrested and charged with criminal possession of a controlled substance, even though the amount was less than half a gram.

What charges am I facing for this small amount of cocaine in Nassau County, and is there any way to avoid a criminal record?

Attorney's Answer

In New York, even a small amount of cocaine triggers serious charges — possession of less than 500 milligrams falls under Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03), a Class A misdemeanor carrying up to one year in jail. However, Nassau County has judicial diversion programs under CPL § 216.05 that may allow eligible defendants to enter treatment instead of facing conviction. We would also examine whether the traffic stop and subsequent search were conducted lawfully under the Fourth Amendment, because if the officer lacked probable cause to search your vehicle, the cocaine could be suppressed as evidence. Every detail of the stop matters, and a strong challenge to the search can sometimes result in the entire case being dismissed.

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

Penalties

The penalties get harsher as the charge goes up. For small possessions like less than 500 mg, you may just get probation or a fine. But once you hit the higher felony charges, your looking at years in prison:

• 7th degree (less than 500 mg) – up to 1 year in jail
• 5th degree (500 mg to 1/8 ounce) – up to 2 years in prison
• 4th degree (1/8 to 1/2 ounce) – up to 4 years in prison
• 3rd degree (1/2 to 2 ounces) – up to 9 years in prison
• 2nd degree (2 to 8 ounces) – up to 12 years in prison
• 1st degree (8+ ounces) – up to 20 years in prison