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The New York Penal Law Section 220.03 takes allegations of seventh 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 drug possession violations throughout New York State. The New York State Division of Criminal Justice Services coordinates with local law enforcement on controlled substance cases, and the New York State 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 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 Adjournments in Contemplation of Dismissal 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.
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 and context.
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 |
|---|---|---|
| 220.03 Seventh Degree | Class A Misdemeanor | 1 year jail |
| Conditional Discharge | Alternative Disposition | 1 year conditions |
| Adjournment in Contemplation of Dismissal | ACD Dismissal Option | 6-12 months |
| Violation Plea | Non-Criminal | Fine only |
| Outright Dismissal | No Conviction | No penalty |
Seventh degree possession prosecutions by state prosecutors have varied significantly in New York. The state has charged thousands of defendants with this lowest-level controlled substance violation in recent years. Recent cases show the range defendants have received outcomes from outright dismissals to jail sentences depending on circumstances and representation.
The state now pursues even trace amounts aggressively. First-time offenders who might have received warnings years ago now face formal charges. The prosecution uses field tests, laboratory analysis, and witness testimony to build cases from minimal drug amounts.
Good Samaritan exceptions and syringe residue exemptions exist in the statute. Individuals seeking emergency medical assistance for overdoses have statutory protection from prosecution. Those possessing only residual amounts in syringes also have statutory exemptions. However, police often arrest first and let courts sort out exceptions later. Early legal intervention prevents unnecessary prosecution.
Penal Law 220.03 criminalizes knowing and unlawful possession of any controlled substance in any amount. This is New York’s lowest-level drug possession charge, classified as a Class A misdemeanor. Unlike higher degree charges, seventh degree has no weight threshold any detectable amount qualifies. The charge covers all controlled substances from Schedule I through V. Maximum penalty is one year county jail plus three years probation, though first offenders often receive alternatives.
Seventh degree possession is the bottom rung of New York’s drug possession ladder, which runs from seventh degree up through first degree. It covers trace amounts, residual powder, pills without prescriptions, and personal use quantities. The statute includes two important exceptions: residual amounts in syringes and possession discovered while seeking emergency overdose help. Many cases resolve through conditional discharge, adjournments in contemplation of dismissal, or reduction to non-criminal violations. This charge creates a criminal record unless successfully challenged or negotiated down.
Jail time depends on the degree of possession charged and criminal history. Seventh degree possession carries maximum one year county jail, but first offenders rarely receive jail time. Fifth degree felony possession faces up to 2.5 years state prison. Fourth degree faces 1 to 5.5 years. Third degree faces 1 to 9 years. Second and first degree carry mandatory minimum sentences. Alternatives include probation, treatment programs, and conditional discharge for eligible defendants.
If you or a loved one is facing seventh degree possession charges under Penal Law 220.03, 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 possession cases 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