Controlled Substance Possession Charges in New York
In New York, criminal possession of a controlled substance refers to the crime of being found with illegal drugs or controlled substances. This can include anything from marijuana (in certain situations) to heroin, cocaine, or prescription drugs that are abused. Depending on the type of drug and the amount, the penalties for this charge can range from minor fines to lengthy prison sentences.
At Viscosi Law, we help people facing drug-related charges in New York understand the law and their options. If you’re facing charges for possession, it’s important to know what you’re up against. In this article, we will explain:
- What controlled substances are
- How criminal possession is classified in New York
- The possible penalties for being convicted
- Common defenses against the charge
Controlled Substances: What You Need to Know
Before understanding criminal possession, you need to know what a controlled substance is. Controlled substances are drugs that are regulated by the government because of their potential for abuse. These substances are grouped into different categories, or schedules, based on how dangerous they are.
The schedules range from Schedule I (the most dangerous, with no medical use) to Schedule V (the least dangerous, often used for medical purposes). Common controlled substances include:
- Heroin
- Cocaine
- Methamphetamine
- Prescription painkillers like OxyContin and Vicodin (when abused)
- Marijuana (legal for recreational use in certain amounts, but still regulated in some circumstances)
Decoding Criminal Possession of Controlled Substances
Criminal possession of a controlled substance happens when someone is caught with illegal drugs or controlled substances without a prescription. If you are found to have these substances in your possession, you could face criminal charges.
The seriousness of the charge depends on several factors:
- The type of drug you have
- How much of it you have
- Whether there is evidence that you intended to sell or distribute the drugs
If you are caught with a small amount of a drug for personal use, the charge may be less severe. However, if you have a large amount or there is evidence you intended to sell it, the charge could be much more serious.
The Different Degrees of Criminal Possession
In New York, there are different degrees of criminal possession of a controlled substance. These degrees are based on how serious the crime is, with penalties becoming more severe as the charges increase.
Seventh Degree – Criminal Possession in the Seventh Degree (Class A Misdemeanor)
This is the least serious charge. It typically applies when someone is found with a small amount of drugs, often for personal use.
- Penalties: Up to 1 year in jail and/or fines.
Fifth Degree – Criminal Possession in the Fifth Degree (Class D Felony)
This charge applies when someone has a larger quantity of drugs or more dangerous substances like cocaine or heroin.
- Penalties: Up to 7 years in prison, fines, and possible probation.
Fourth Degree – Criminal Possession in the Fourth Degree (Class C Felony)
If you are caught with a larger amount of drugs, or there is evidence of intent to distribute (sell), you could face this charge.
- Penalties: Up to 15 years in prison, large fines, and possible probation.
Third Degree – Criminal Possession in the Third Degree (Class B Felony)
A third-degree charge often applies to individuals found with a significant amount of drugs or who have evidence of distribution. Serious substances like heroin or meth are typically involved.
- Penalties: Up to 25 years in prison, fines, and probation.
Second Degree – Criminal Possession in the Second Degree (Class A-II Felony)
This charge applies to those caught with large quantities of dangerous drugs like fentanyl. This is a very serious offense.
- Penalties: Up to 20 years in prison.
First Degree – Criminal Possession in the First Degree (Class A-I Felony)
This is the most serious charge. It usually applies when someone has extremely large amounts of drugs, and there is evidence they were intended for distribution.
- Penalties: Minimum 15 years in prison, up to life in prison.
Possible Penalties for Possession
If you are convicted of criminal possession of a controlled substance, the penalties can be severe. The punishment depends on the degree of the offense. The possible penalties include:
- Jail or prison time: The length of the sentence depends on the degree of the charge.
- Fines: You may have to pay large fines.
- Probation: Some individuals may receive probation instead of jail time.
- Criminal record: A conviction means you will have a criminal record, which can affect your ability to get a job and other aspects of your life.
Common Defenses Against Criminal Possession Charges
If you’ve been charged with criminal possession of a controlled substance, you may have several ways to fight the charges. Some common defenses include:
Illegal Search and Seizure
If the police searched you or your property without a warrant or without legal reasons, any evidence they found could be inadmissible in court. This could result in the charges being dropped.
You Didn’t Know You Had the Drugs
If you didn’t know the drugs were in your possession (for example, someone else put them in your bag), this could be a valid defense.
No Intent to Sell
If there’s no evidence to suggest you were planning to sell the drugs, you may be able to argue that they were for personal use only.
Lack of Possession
To be convicted of possession, the prosecution must prove you were in control of the drugs. If they can’t prove you had control over the drugs, they may not have a case.
How Viscosi Law Can Help
If you’re facing charges for criminal possession of a controlled substance, you need a lawyer who understands the complexities of drug laws. At Viscosi Law, we are committed to defending your rights and helping you get the best possible outcome.
Our team will:
- Help you understand your rights and options
- Review the evidence in your case
- Develop a strong defense strategy tailored to your situation
- Represent you in court, fighting for the best possible result
We know how serious these charges are and are dedicated to providing you with the support you need during this challenging time.
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
We are here to guide you through the legal process and protect your rights. Reach out to us now to schedule a consultation and start working on your defense.
