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New York Criminal Possession Fourth Degree Defense – Federal Criminal Defense Attorneys
The United States Attorney’s Office for the Southern District of New York takes allegations of controlled substance possession against individuals seriously, and you need an experienced and respected criminal defense attorney protecting your freedom and your rights. The prosecution monitors and investigates drug possession violations throughout New York State. The FBI New York Field Office coordinates with state and federal agencies on narcotic possession cases, and the United States District Court for the Southern District of New York handles these matters through federal courthouse proceedings.
An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced criminal defense attorney can assist the individual by responding to an inquiry from the prosecution. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel, an effective response may result in the investigation closing without a formal filing. This is absolutely critical.
The financial and emotional costs of a formal criminal filing can be overwhelming, and can tarnish a career given that the filing and charges of the individual’s violations are publicly available because criminal charges are posted to the court system, published in the media, and accessible through online databases. Even if the allegations are later disproven, the damaging effect may linger.
It is important to retain an experienced criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from street-level possession, vehicle searches, or residence investigations we can assist you in protecting your employment and freedom.
Our office is experienced defending individuals facing criminal prosecution(s) due to the following allegations:
Individuals are required to cooperate with law enforcement investigations when served with a subpoena and/or when contacted by detectives according to New York statutes. Any false statement to investigators can result in additional criminal charges. A detective will follow-up in writing requesting additional information if necessary and/or may request an interview.
The Drug Enforcement Administration and New York State Police may become involved in cases involving narcotic offenses. Officers from these agencies and/or the District Attorney’s Office have authority to investigate violations that may constitute criminal offenses under state law.
At Spodek Law Group we evaluate the best course of action for the individual by examining your circumstances and taking a proactive, understanding approach. As experienced criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:
At Spodek Law Group, we also assist individuals with drug treatment court applications and/or conditional discharge agreements which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the individual’s freedom. Over 40 years combined experience – really.
Depending on the individual’s circumstance, the defense strategy may include:
Requesting a meeting with the District Attorney’s Office to present evidence to either refute the allegation that possession occurred or mitigate the degree of charges;
Retaining appropriate experts in the issues at hand;
Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure laboratory reports, and/or evaluate the weight calculations;
Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing unlawful search and/or improper seizure; or if necessary recommend negotiating a plea agreement to address any criminal liability under state sentencing guidelines;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer addiction issues, financial pressures, health complications, or even just go through an extended period of difficulty. In these instances, an individual is not in need of criminal prosecution by the state; they need understanding andcontext;
Assisting the individual with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the prosecution.
| Charge Level | Classification | Maximum Penalty |
|---|---|---|
| Fourth Degree First Offense | Class C Felony | 1 to 5.5 years state prison |
| Fourth Degree Prior Felony | Class C Felony Enhanced | 1.5 to 8 years state prison |
| Fourth Degree Prior Violent | Class C Violent Predicate | 3.5 to 9 years state prison |
| Seventh Degree Reduced | Class A Misdemeanor | Maximum one year county jail |
| Fifth Degree Negotiated | Class D Felony | 1 to 2.5 years state prison |
Drug possession prosecutions by state prosecutors have increased significantly in New York. The state has charged thousands of defendants with fourth degree possession violations in recent years. Recent cases show the range – defendants have received outcomes from drug court diversion to maximum prison sentences depending on circumstances and representation.
The state now pursues even marginal weight violations aggressively. Prosecutors file charges when weight barely exceeds the 3.5-gram threshold. The District Attorney’s Office maintains strict enforcement policies on narcotic possession cases.
Weight challenges and laboratory testing disputes provide defense opportunities. Early legal intervention prevents unnecessary prosecution.
Penal Law Section 220.09 defines Criminal Possession of a Controlled Substance in the Fourth Degree as knowingly and unlawfully possessing one-eighth ounce or more of a narcotic drug. The statute specifically requires 3.5 grams or more of substances like cocaine, heroin, fentanyl, or other opioids. This is a Class C felony carrying potential state prison time. The weight threshold is critical – possession of 3.4 grams would be seventh degree misdemeanor, while 3.5 grams triggers the felony charge. The law applies only to narcotic drugs as defined by statute, not all controlled substances.
A fourth degree criminal charge in New York drug cases represents a Class C felony, positioned between misdemeanor possession and more serious trafficking charges. It carries 1 to 5.5 years in state prison for first offenders, with enhanced penalties for those with prior convictions. Fourth degree charges require specific weight thresholds – for narcotics, that’s 3.5 grams or more. This charge level allows judges discretion between probation and incarceration, though prosecutors typically seek prison time. Alternative dispositions like drug court may be available for eligible defendants with strong legal representation.
Drug possession sentences in New York vary dramatically based on the degree charged and criminal history. Seventh degree possession (misdemeanor) carries maximum one year county jail. Fifth degree (Class D felony) ranges from probation to 2.5 years state prison. Fourth degree (Class C felony) ranges from 1 to 5.5 years for first offenders, increasing to 1.5 to 8 years with prior felonies. Third degree and higher charges carry mandatory minimum prison sentences. Drug Treatment Court offers dismissal after 18-24 months successful completion. Negotiated pleas often reduce charges and avoid maximum penalties.
If you or a loved one faces fourth degree possession charges, contact the experienced criminal defense attorneys at Spodek Law Group. We have over 40 years of combined experience defending individuals against narcotic possession charges. Our attorneys understand the complexities of weight calculations and available defenses.
For immediate assistance, call us at 212-300-5196. We maintain 24-hour availability for urgent criminal matters. Don’t wait until formal charges are filed – early intervention often produces significantly better outcomes.
Spodek Law Group
Criminal Defense Attorneys
212-300-5196
Available 24/7 for Criminal Matters
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS