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New York Criminal Possession Third Degree Defense – Federal Criminal Defense Attorneys
The New York State Penal Law Section 220.16 takes allegations of third degree 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 narcotic drug violations throughout New York State. The New York Division of Criminal Justice Services coordinates with local law enforcement on third degree possession cases, and the New York State Unified Court System handles these matters through criminal courts statewide.
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 arrests, undercover operations, or interstate trafficking 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 criminal investigations when served with a grand jury subpoena and/or when contacted by law enforcement according to New York statutes. Any false statement to law enforcement 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 New York State Police and local police departments may become involved in cases involving third degree possession 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 alternatives and/or sentence mitigation 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 exceeded 14 grams 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 data, and/or evaluate the search and seizure;
Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal searches and/or lack of probable cause; or if necessary recommend negotiating a plea agreement to address any criminal liability under New York sentencing guidelines;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer addiction struggles, personal tragedies, financial hardships, 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 |
|---|---|---|
| Third Degree – First Offense | Class B Felony | 1 to 9 years state prison |
| Third Degree – Prior Felony | Class B Predicate | 4.5 to 12.5 years state prison |
| Third Degree – Prior Violent | Class B Violent Predicate | 6 to 15 years state prison |
| Drug Treatment Alternative | Diversion Program | 18-24 months supervision |
| Plea to Fourth Degree | Class C Felony | 1 to 5.5 years possible probation |
Third degree possession prosecutions by state prosecutors have increased significantly in New York. The state has charged thousands of defendants with Penal Law 220.16 violations in recent years. Recent cases show the range – defendants have received outcomes from Drug Treatment Court dismissals to 9-year state prison sentences depending on circumstances and representation.
The state now pursues even marginal weight cases aggressively. Cases with 14.1 grams that might have been reduced to fourth degree years ago now face full third degree prosecution. The District Attorney uses laboratory analysis to confirm field test weights.
Weight aggregation from multiple locations creates third degree charges from smaller individual amounts. Early legal intervention prevents unnecessary prosecution.
Penal Law 220.16 is Criminal Possession of a Controlled Substance in the Third Degree. It requires knowingly and unlawfully possessing one-half ounce or more of narcotic drugs like heroin, cocaine, or fentanyl. This is a Class B felony carrying 1 to 9 years state prison for first offenders. The 14-gram threshold distinguishes third degree from fourth degree possession. Weight includes packaging unless challenged. Prosecutors treat this as a mandatory prison charge requiring experienced defense counsel.
The 7-day rule applies to prescription controlled substances, not criminal possession charges. Under public health regulations, no additional prescriptions for controlled substances may be issued within 30 days unless the patient has exhausted all but a seven days’ supply. This prevents prescription drug diversion. However, possessing prescription drugs without valid prescriptions can trigger criminal charges. Third degree possession applies when narcotic prescription drugs exceed 14 grams. Valid prescriptions provide affirmative defense.
Drug sale sentences depend on degree charged. Fifth degree sale, Class D felony, carries 1 to 2.5 years. Fourth degree sale, Class C felony, faces 1 to 5.5 years. Third degree sale, Class B felony, carries 1 to 9 years. Second degree, Class A-II felony, faces 3 to 10 years. First degree, Class A-I felony, carries 8 to 20 years. Third degree possession often gets charged alongside sale allegations when weight suggests distribution intent.
If you or a loved one faces third degree controlled substance possession charges under Penal Law 220.16, contact the experienced criminal defense attorneys at Spodek Law Group. We have over 40 years of combined experience defending individuals against New York drug charges. Our attorneys understand the complexities of weight calculations and laboratory testing procedures.
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