NY Penal Law § 220.18: Penalties and Defenses for Drug Possession
If you’ve been charged with criminal possession of a controlled substance in the second degree, under NY Penal Law § 220.18, it’s crucial to understand the seriousness of the offense, the potential consequences, and your legal options. This law is a significant part of New York’s controlled substance regulations, carrying severe penalties for those convicted. In this article, we’ll break down the law in detail, explain the possible penalties, defenses, and provide guidance on how to navigate a charge under this statute. If you or someone you know has been accused of this crime, consulting with an experienced attorney is essential to ensure the best possible outcome.
At Viscosi Law, we have years of experience defending clients against drug-related charges. Our team is committed to protecting your rights and fighting for the best possible result. If you’re facing a charge under NY Penal Law § 220.18, don’t hesitate to reach out to us for a consultation.
Understanding Criminal Possession of a Controlled Substance in the Second Degree
Criminal possession of a controlled substance in the second degree is a felony offense under New York State law. It involves possessing certain quantities of illegal drugs or controlled substances with the intent to sell or distribute them. According to NY Penal Law § 220.18, a person commits this offense when they knowingly possess a specific quantity of controlled substances, including narcotics such as cocaine, heroin, or methamphetamine.
The statute is part of New York’s broader efforts to combat illegal drug trafficking and distribution. It is one of the most serious drug possession charges in the state, carrying substantial penalties if convicted.
Identifying the Elements of a Crime
To be convicted of criminal possession of a controlled substance in the second degree, the prosecution must prove the following elements beyond a reasonable doubt:
- Possession of a Controlled Substance: The defendant must have possession of a controlled substance, such as heroin, cocaine, or methamphetamine.
- Knowledge of the Substance: The defendant must have known that the substance was a controlled substance and had control over it.
- Quantity of the Controlled Substance: The defendant must possess a specific amount of the controlled substance. The minimum amount required to trigger a charge under this statute is:
- At least 4 ounces (113 grams) of a narcotic drug like heroin or cocaine.
- Alternatively, at least 2 ounces (56.7 grams) of methamphetamine.
- Intent to Sell or Distribute: The person must have the intent to sell, distribute, or otherwise traffic the controlled substance. This is typically inferred from the quantity of drugs involved, as large quantities suggest an intention to sell or distribute.
Penalties for NY Penal Law § 220.18
Criminal possession of a controlled substance in the second degree is classified as a Class A-II felony under New York law. If convicted, the penalties can be severe:
- Imprisonment: A conviction under this statute can result in a prison sentence ranging from 3 to 10 years. The length of the sentence depends on factors such as prior convictions and the specific circumstances of the offense.
- Fines: In addition to imprisonment, a defendant may face substantial fines. These can be as high as $50,000, depending on the case and whether the defendant has a history of drug-related offenses.
- Post-Release Supervision: After serving time in prison, an individual may face post-release supervision, including parole or probation, for up to 5 years.
- Criminal Record: A conviction for a Class A-II felony can have long-lasting consequences. It will create a permanent criminal record, which may affect future employment, housing, and other aspects of life.
Legal Defenses for Criminal Possession of a Controlled Substance in the Second Degree
There are several potential defenses to a charge of criminal possession of a controlled substance in the second degree. These include:
- Lack of Knowledge: The defendant may argue that they were unaware they were in possession of a controlled substance. For example, they may have unknowingly received drugs from another person or had no knowledge of the drugs in their vehicle or residence.
- Illegal Search and Seizure: If law enforcement officers violated the defendant’s constitutional rights by conducting an illegal search and seizure, any evidence obtained from that search may be inadmissible in court. A skilled defense attorney will scrutinize how the evidence was obtained to ensure it was legally collected.
- Possession Not Proven: The prosecution must prove that the defendant had possession of the controlled substance. If the drugs were not found on the defendant’s person or in a location they controlled, the prosecution may struggle to establish possession.
- Lack of Intent to Sell: The prosecution must prove that the defendant intended to sell or distribute the controlled substance. If they can demonstrate that the drugs were for personal use, this could potentially reduce the charge to a lesser offense.
- Chain of Custody Issues: In drug cases, the chain of custody refers to the handling and storage of the evidence. If there is any doubt about whether the drugs were tampered with or mishandled, the defense may argue that the evidence is unreliable.
The Role of an Experienced Attorney in Your Case
If you’re facing a charge under NY Penal Law § 220.18, it is crucial to seek legal counsel from an experienced attorney who specializes in criminal defense and drug cases. Here’s how an attorney can help:
- Analyzing the Evidence: A skilled attorney will review the evidence, including the search and seizure process, to determine if your constitutional rights were violated.
- Negotiating a Plea Deal: If the evidence against you is strong, your attorney can negotiate a plea deal with the prosecution, potentially reducing the charges or penalties.
- Building a Strong Defense: Your lawyer will investigate the case thoroughly, looking for weaknesses in the prosecution’s arguments, such as doubts about your knowledge of the drugs or the legality of the search.
- Providing Support Throughout the Process: Criminal cases can be stressful and overwhelming. An experienced attorney will be there to guide you through every step of the process, from arraignment to trial, ensuring that your rights are protected.
The Importance of Acting Quickly
If you’ve been charged with criminal possession of a controlled substance in the second degree, time is of the essence. The sooner you contact an experienced criminal defense attorney, the better your chances of achieving a favorable outcome. Your attorney will help you understand the legal process, evaluate the evidence, and develop a defense strategy tailored to your unique situation.
Contact Viscosi Law for a Consultation
At Viscosi Law, we understand the complexities of drug charges and are committed to helping you achieve the best possible outcome in your case. Our team has extensive experience defending clients against charges related to controlled substances, and we’ll work tirelessly to protect your rights.
If you’ve been charged with criminal possession of a controlled substance in the second degree under NY Penal Law § 220.18, don’t face the legal process alone. Contact us today to schedule a consultation and discuss your case in detail.
Contact Viscosi Law Today
If you’re facing criminal possession charges, don’t wait to get the help you need. Viscosi Law is here to assist you every step of the way. Call us today at (518) 762-0011 or visit our office at:
Viscosi Law
122 West Main St.
Johnstown, NY 12095
Email: michael@viscosilaw.com
Website: viscosilaw.com
Whether you’re facing charges or just need legal advice, we’re here to help. Call us today to schedule a consultation, and let us guide you through the legal process with confidence and expertise.
