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NY Penal Law 220: Controlled Substances Definitions – New York Criminal Defense
The New York State Penal Law Article 220 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 violations throughout New York State. The New York Division of Criminal Justice Services coordinates with local law enforcement on controlled substance 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 a police investigation, a filing by state prosecutors, or an arrest for possession 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 controlled substance 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 Programs and/or Sentencing 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 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 computer meta data, and/or evaluate the scene or evidence;
Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal searches and/or reasonable expectations of privacy; 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 personal hardships, addiction struggles, financial pressures, 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.
| Schedule | Examples | Typical Charge |
|---|---|---|
| Schedule I | Heroin, LSD, MDMA | Felony possession |
| Schedule II | Cocaine, Methamphetamine | Felony possession |
| Schedule III | Steroids, Ketamine | Varies by amount |
| Schedule IV | Xanax, Valium | Misdemeanor typical |
| Schedule V | Cough preparations | Misdemeanor |
Drug possession prosecutions by state prosecutors have increased significantly in New York. The state has charged thousands of defendants with controlled substance violations in recent years. Recent cases show the seriousness – defendants convicted of higher degree possession have received sentences ranging from probation to significant state prison terms.
The state now pursues even smaller cases aggressively. First-time offenders who might have received adjournments in contemplation of dismissal years ago now face felony charges. The prosecution uses field tests, laboratory analysis, and witness testimony to build cases from street-level arrests.
Weight aggregation practices have become more aggressive. Prosecutors combine substances found in different locations to reach higher charge thresholds. The difference between 3.4 grams and 3.6 grams determines misdemeanor versus felony charges. Laboratory testing procedures and calibration records become critical defense issues.
Felony drug charges in New York include Criminal Possession of a Controlled Substance in degrees one through five. Fourth degree possession requires one-eighth ounce of narcotic drugs or specific amounts of other controlled substances. Third degree requires half an ounce. Second degree requires four ounces. First degree requires eight ounces. The schedule classification and aggregate weight determine whether charges are felonies or misdemeanors. Most Schedule I and II substances trigger felony charges even in small amounts.
Minimum sentences depend on the degree of possession charged. Seventh degree possession, a Class A misdemeanor, carries up to one year jail. Fifth degree, a Class D felony, carries up to 2.5 years. Fourth degree, a Class C felony, faces 1 to 5.5 years. Third degree, Class B felony, faces 1 to 9 years. Second and first degree charges carry mandatory minimum prison sentences. Judges have limited discretion with higher degree charges.
Penalties range from conditional discharge for minor marijuana offenses to 8 to 20 years for first degree possession. Factors include criminal history, substance type, aggregate weight, and circumstances of arrest. Drug treatment court alternatives exist for eligible defendants. Probation remains possible for lower degree charges. Higher degrees require mandatory state prison sentences. Collateral consequences include professional license impacts and immigration issues.
If you or a loved one is facing controlled substance charges under Penal Law 220, 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 schedule classifications and aggregate weight calculations.
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