Criminal Possession Controlled Substance

Criminal Possession of a Controlled Substance is a serious offense in New York that can result in significant penalties. Controlled substances are drugs that are regulated by law, including cocaine, heroin, methamphetamine, and prescription medications.

In New York, Criminal Possession of a Controlled Substance is classified into different degrees based on the type and quantity of the drug. First-Degree Criminal Possession of a Controlled Substance is the most serious offense and involves possessing a large quantity of drugs or possessing certain highly addictive drugs such as heroin.

The penalties for Criminal Possession of a Controlled Substance can include imprisonment, fines, and other long-term consequences such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

If you are facing charges for Criminal Possession of a Controlled Substance in New York, it is essential to seek the help of an experienced criminal defense attorney. At Viscosi Law, our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and achieve the best possible outcome for your case.

We will review all of the evidence against you, conduct our own investigation, and develop a tailored defense strategy designed to achieve the best possible outcome for your case. We understand the serious consequences of Criminal possession of a Controlled Substance charges and will work tirelessly to protect your rights and interests.

What is a Controlled Substance?

A controlled substance in New York refers to a drug or chemical whose possession and distribution are regulated by the state government under the New York Controlled Substance Act. The Act defines controlled substances as drugs or chemicals that have the potential for abuse and dependency and have limited medical use.

New York categorizes controlled substances into five schedules, based on their potential for abuse and their medical value. Schedule I drugs are considered the most dangerous, with a high potential for abuse and no recognized medical use, while Schedule V drugs have a lower potential for abuse and are used for medical purposes.

Examples of controlled substances in New York include illegal drugs such as cocaine, heroin, and methamphetamine, as well as prescription drugs such as opioids, amphetamines, and benzodiazepines. Possession of controlled substances without a valid prescription or in amounts exceeding the prescribed limit can result in criminal charges.

It is essential to note that possession of any controlled substance in New York, regardless of its schedule classification, can result in criminal charges and serious penalties. If you are facing charges for possession of a controlled substance in New York, it is important to seek the help of an experienced criminal defense attorney who can provide guidance and representation throughout the legal process.

Types of Controlled Substances

Controlled substances are regulated drugs and chemicals classified based on their medical use and potential for abuse. In New York, controlled substances are divided into five schedules, with Schedule I containing the drugs considered to have the highest potential for abuse and Schedule V containing those with the lowest potential for abuse. Here is a detailed list of the different types of controlled substances in New York:

Schedule I: These are drugs that have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and marijuana.
Schedule II: These drugs have a high potential for abuse and may lead to severe physical or psychological dependence. Examples include cocaine, methamphetamine, and fentanyl.
Schedule III: These drugs have a moderate to low potential for abuse and may lead to moderate or low physical dependence. Examples include anabolic steroids, codeine, and hydrocodone.
Schedule IV: These drugs have a low potential for abuse and may lead to limited physical or psychological dependence. Examples include benzodiazepines, such as Valium and Xanax.
Schedule V: These drugs have a lower potential for abuse than Schedule IV drugs and are used for medical purposes. Examples include cough medicines with codeine and anti-diarrheal medications containing small amounts of opioids.

The possession, sale, or distribution of any controlled substance without a valid prescription can result in serious criminal charges, including fines, jail time, and a permanent criminal record.

It’s important to note that possessing or distributing controlled substances without a valid prescription or violating state or federal laws can result in criminal charges and severe penalties. If you are facing charges for possessing or distributing controlled substances in New York, it’s vital to seek the help of an experienced criminal defense attorney.

Charges for a Controlled Substance

In New York, charges for a controlled substance can range from simple possession to distribution or trafficking of drugs. The specific charges and penalties will depend on the type and amount of the controlled substance involved and the circumstances of the offense. Here are some common charges for a controlled substance in New York:

Criminal Possession of a Controlled Substance in the Seventh Degree

Criminal Possession of a Controlled Substance in the Seventh Degree is the lowest level of drug possession charge in New York, and it involves possessing a small amount of a controlled substance. The penalties for this charge can include up to one year in jail and a fine of up to $1,000.

To prove a charge of Criminal Possession of a Controlled Substance in the Seventh Degree, the prosecution must show that the defendant knowingly and unlawfully possessed a controlled substance. The controlled substance’s specific type and amount can affect the charge’s degree and the possible penalties.

In some cases, defendants charged with Criminal Possession of a Controlled Substance in the Seventh Degree may be eligible for alternative sentencing options such as drug treatment programs. The court may also consider factors such as the defendant’s criminal history and the circumstances surrounding the offense when determining the appropriate sentence.

Criminal Possession of a Controlled Substance in the Fifth Degree

Criminal Possession of a Controlled Substance in the Fifth Degree is a drug possession charge in New York that involves possessing a larger amount of a controlled substance. This charge is classified as a Class D felony and carries a penalty of up to seven years in prison and a fine of up to $5,000.

To prove a charge of Criminal Possession of a Controlled Substance in the Fifth Degree, the prosecution must show that the defendant knowingly and unlawfully possessed a controlled substance, and the amount of the substance possessed exceeded the legal limit. The controlled substance’s specific type and amount can affect the charge’s degree and the possible penalties.

In addition to the possibility of imprisonment and fines, a conviction for Criminal Possession of a Controlled Substance in the Fifth Degree can have other serious consequences, such as a criminal record, loss of employment, and difficulty finding housing or financial aid.

Criminal Possession of a Controlled Substance in the Second Degree

Criminal Possession of a Controlled Substance in the Second Degree is a serious drug possession charge in New York that involves possessing a large amount of a controlled substance. This charge is classified as a Class A-II felony and carries a penalty of up to life imprisonment and a fine of up to $50,000.

To prove a charge of Criminal Possession of a Controlled Substance in the Second Degree, the prosecution must show that the defendant knowingly and unlawfully possessed a large amount of a controlled substance intending to sell or distribute. The controlled substance’s specific type and amount can affect the charge’s degree and the possible penalties.

A conviction for Criminal Possession of a Controlled Substance in the Second Degree can have other serious consequences, such as a criminal record, loss of employment, and difficulty finding housing or financial aid.

Criminal Sale of a Controlled Substance

Criminal Sale of a Controlled Substance is a serious drug-related charge in New York that involves selling, distributing, or possessing with intent to sell a controlled substance. This charge is classified as a felony, and the penalties can range from a Class D felony to a Class A-I felony, depending on the amount and type of drug involved.

To prove a charge of Criminal Sale of a Controlled Substance, the prosecution must show that the defendant knowingly and unlawfully sold, distributed, or possessed with intent to sell a controlled substance. The controlled substance’s specific type and amount can affect the charge’s degree and the possible penalties.

In addition to the possibility of imprisonment and fines, a conviction for Criminal Sale of a Controlled Substance can have other serious consequences, such as a criminal record, loss of employment, and difficulty finding housing or financial aid.

Criminal Possession of a Controlled Substance with Intent to Sell

Criminal Possession of a Controlled Substance with Intent to Sell is a drug-related charge in New York that involves possessing a controlled substance with the intention of selling it. This charge is classified as a felony and can carry serious penalties.

To prove a charge of Criminal Possession of a Controlled Substance with Intent to Sell, the prosecution must show that the defendant knowingly and unlawfully possessed a controlled substance with the intention of selling it. The controlled substance’s specific type and amount can affect the charge’s degree and the possible penalties.

The penalties for Criminal Possession of a Controlled Substance with Intent to Sell can vary depending on the charge’s degree and the case’s specific circumstances. A first-degree charge can carry a sentence of up to life imprisonment, while a fifth-degree charge can carry a sentence of up to seven years.

Possible Sentences for Criminal Possession of a Controlled Substance

The possible sentences for Criminal Possession of a Controlled Substance in New York can vary depending on the degree of the charge and the specific circumstances of the case. Here are some general guidelines for the possible sentences for each degree of Criminal Possession of a Controlled Substance charge:

Seventh Degree: This charge is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $1,000.
Fifth Degree: This charge is a Class D felony and can result in up to seven years in prison and a fine of up to $5,000.
Fourth Degree: This charge is a Class C felony and can result in up to 15 years in prison and a fine of up to $15,000.
Third Degree: This charge is a Class B felony and can result in up to 25 years in prison and a fine of up to $30,000.
Second Degree: This charge is a Class A-II felony and can result in up to life imprisonment and a fine of up to $50,000.

The actual sentence will depend on several factors, including the amount and type of controlled substance involved, whether the offense involved violence or other aggravating factors and the defendant’s criminal history. Additionally, the court may consider the defendant’s age, background, and whether they have a history of drug addiction.

Possible Defense for Criminal Possession of a Controlled Substance

If you are facing charges for criminal possession of a controlled substance in New York, several potential defenses may be available. Here are some of the possible defenses for criminal possession of a controlled substance:

Unlawful Search and Seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the police obtained the drugs through an unlawful search or seizure, this evidence may be suppressed, and the charges may be dismissed.
Lack of Knowledge: To prove criminal possession of a controlled substance, prosecutors must demonstrate that the defendant knowingly possessed the substance. If the defendant was unaware of the presence of the drugs or did not know that they were illegal, this may be a defense.
Prescription Defense: If the defendant had a valid prescription for the controlled substance, this might be a defense to criminal possession.
Entrapment: If law enforcement induced the defendant to possess the controlled substance, this might be a defense to criminal possession.
Chain of Custody Issues: The prosecution must establish a proper chain of custody for the drugs in question, from when they were seized to when they were tested in a lab. If there are any gaps or inconsistencies in the chain of custody, this may be a defense.
Duress: If the defendant was forced or threatened to possess the controlled substance, this might be a defense to criminal possession.
Police Misconduct: If the police acted improperly during the arrest or investigation, such as by using excessive force or violating the defendant’s rights, this might be a defense to criminal possession.

At Viscosi Law, we have experience representing clients facing charges for criminal possession of a controlled substance in New York. We understand the complexity of these cases and the potential consequences a conviction can have on your life. Our team is dedicated to providing personalized, aggressive legal representation to protect your rights and achieve the best possible outcome in your case.

Why the Experts at Viscosi Law Should Represent You

If you are facing charges for criminal possession of a controlled substance in New York, having an experienced and knowledgeable criminal defense attorney on your side is important. Here are a few reasons why you should let Viscosi Law represent you:

Experience

Our team of attorneys has years of experience representing clients in criminal cases, including those involving criminal possession of a controlled substance. We deeply understand the law and the legal system, and we know what it takes to achieve the best

possible outcome in these cases.

Aggressive Representation

At Viscosi Law, we are committed to providing aggressive representation to protect our client’s rights and achieve the best possible outcome in their case. We will work tirelessly to identify and pursue all possible defenses, negotiate with prosecutors, and fight for your rights in court.

Personalized Attention

We understand that every case is unique, and we will provide personalized attention and tailored legal strategies to meet your specific needs and goals. We will work closely with you throughout the entire legal process, keeping you informed and involved every step of the way.

Strong Track Record

Our team has a strong track record of success in criminal defense cases, including criminal possession of a controlled substance. We have helped countless clients achieve favorable outcomes in their cases, including dismissals, reduced charges, and acquittals.

Compassionate Support

We understand that facing criminal charges can be a stressful and emotional experience, and we are here to provide compassionate support and guidance throughout the process. We will be by your side every step, providing the support and advocacy you need to protect your rights and achieve the best possible outcome in your case.

If you are facing charges for criminal possession of a controlled substance in New York, contact Viscosi Law today to schedule a consultation. We are committed to fighting for your rights and working to achieve the best possible outcome in your case. We look forward to working with you!