NYC Criminal Possession 4th Degree Defense | NY Penal Law 220.09 Class C Felony Lawyers

NYC Criminal Possession 4th Degree Defense | NY Penal Law 220.09 Class C Felony Lawyers

So your probably in absolute panic mode right now because you just got charged with a Class C felony for having one-eighth of an ounce. Maybe the cops weighed your cocaine and it came to 3.5 grams exactly. Maybe they added multiple bags together to hit that magic number. Or maybe there scale was off but now YOUR facing 15 YEARS in prison! Look, we get it. Your TERRIFIED because this isn’t some minor drug charge – its a serious felony with MANDATORY PRISON exposure! And you should be! Because NY Penal Law §220.09 is where the system stops playing around and starts destroying lives!

What Makes 4th Degree So Much Worse Than 5th?

Fourth degree possession is where everything changes – this is the first drug charge with MANDATORY PRISON EXPOSURE. Fifth degree? Judges can give probation. Fourth degree? Prosecutors push for prison time every single time. Your looking at real state prison, not county jail.

The insane part? The difference between misdemeanor and this Class C felony is 0.1 grams! That’s the weight of a few grains of salt! At 3.4 grams, your facing maximum one year county jail, probably probation. At 3.5 grams? Up to FIFTEEN YEARS in state prison! One-tenth of a gram destroys your entire life!

Class C felony means serious time: First offense with no record? 1 to 5.5 years. Prior felony conviction? 1.5 to 8 years MINIMUM. Multiple priors? Your looking at the full 15 years. Plus massive fines up to $15,000. Plus years of post-release supervision. Your life is over.

This is also where immigration consequences become automatic deportation. Class D felony might get waived. Class C felony? ICE is waiting when you get out of prison. Doesn’t matter if you’ve been here since childhood. Drug trafficking felony = removal proceedings according to federal immigration law.

What Exactly Is One-Eighth Ounce?

One-eighth ounce equals 3.5 grams – that’s the magic number that makes you a serious felon. For perspective, a penny weighs 2.5 grams. We’re talking about something that weighs barely more than a penny sending you to PRISON for years!

But here’s the scam – “aggregate weight” includes EVERYTHING. The cocaine or heroin? Counted. The baby powder or baking soda its cut with? Counted. The residue on the bag? Counted. They add every single milligram to hit that 3.5 gram threshold.

Street drugs are rarely pure. Cocaine might be 30% pure. Heroin might be 10% pure. But they weigh the TOTAL, not the actual drug. So 3.5 grams of heavily cut drugs with maybe 0.5 grams of actual narcotic still equals fourth degree felony. Its complete bullshit but that’s the law.

The statute covers “narcotic drugs” which means opioids (heroin, fentanyl, oxycodone, morphine, codeine, methadone) and cocaine. That’s it. Meth? Different statute. Psychedelics? Different law. But any opioid or cocaine hits this charge at 3.5 grams.

How Do Cops Manipulate Weight to Hit 3.5 Grams?

Cops are experts at making sure you hit that felony threshold. There portable scales at arrest? Always seem to read just over 3.5 grams. Funny how that works! They include packaging weight “accidentally.” They don’t calibrate scales properly. They round up.

Multiple bags get aggregated even if there different drugs. Three bags of heroin weighing 1 gram each? That’s 3 grams, misdemeanor. But wait – they found an old empty bag with residue! Now its 3.5 grams, felony! We’ve seen cops literally scrape residue from surfaces to add weight.

Police reports always say “approximately” – like “approximately 3.7 grams.” That word is crucial because when the lab tests it properly, it might be 3.3 grams. But by then your already indicted for the felony, sitting in Rikers because bail is sky-high for C felonies.

Field test weights NEVER match lab weights, but they use field weights for charging. The lab might find 3.2 grams weeks later, but your already traumatized from jail, lost your job, considering any plea to get out. The damage is done even if weights don’t support the charge.

What’s the Real Prison Time for 4th Degree?

Let me give you the harsh reality – prosecutors LOVE fourth degree charges because they can threaten massive time to force pleas. Fifteen years maximum sounds insane for 3.5 grams, but that’s the hammer they hold over you.

First-time offenders typically face: Plea offers of 1-2 years prison. Trial conviction? 2-4 years. Prior misdemeanors? 2-3 years. Prior felony? 3-5 years MINIMUM. Multiple priors? 5-8 years. And if you piss off the judge? The full 15 is possible.

But here’s what’s worse – pretrial detention. Bail for Class C felonies starts at $10,000 cash, often much higher. Can’t make bail? Your sitting in Rikers for MONTHS waiting for trial. Most people plea guilty just to get out, even if there innocent.

Post-release supervision adds years of control. Minimum 1.5 years, up to 3 years. Drug testing, curfews, travel restrictions. One failed test, one missed appointment? Back to prison for the full sentence. Your never really free even after prison.

Can 4th Degree Be Reduced to a Misdemeanor?

Technicaly possible but incredibly difficult. If the weight is barely over 3.5 grams, maybe. If there’s serious problems with the search or evidence, possibly. If your young with no record and an amazing sob story, slight chance. But don’t count on it.

Prosecutors guard there Class C felonies jealously. They might offer to reduce to fifth degree (Class D felony) and act like there doing you a favor. Your still a felon! They’ll say “take the D felony or risk 15 years at trial.” Its extortion but legal.

Drug court might be an option but has insane requirements. Daily appearances for months. Intensive treatment even if your not addicted. Total abstinence with constant testing. Any violation, even being late? Immediate prison. Most can’t complete it.

The best shot is attacking the weight calculations. Challenge how they weighed it. Demand proof of scale calibration. Get independent testing. Show packaging was included. Prove aggregation was improper. Every tenth of a gram matters!

What Defenses Actually Work for 4th Degree?

Illegal search is your best defense. Cops need probable cause, not just “high crime area” or “nervous behavior.” Motion to suppress the evidence and the case dies. But judges are former prosecutors who rarely grant suppression motions.

Weight disputes can win. We’ve had cases where “3.7 grams” became “3.3 grams” after proper testing. Felony becomes misdemeanor. But you need an expert to challenge there methods and many lawyers won’t bother.

• Lack of knowledge – someone else’s drugs in shared space
• Constructive possession problems – drugs weren’t on your person
• Chain of custody issues – evidence mishandled or contaminated
• Lab errors – false positives, contamination, mislabeling
• Entrapment – undercovers or informants pressured you

Cops lying is common but hard to prove. They claim you admitted ownership. They say you were acting suspicious. They testify you tried to hide the drugs. Without video, its your word against theres, and juries believe cops.

How Does 4th Degree Affect Immigration Status?

This is deportation territory, period. Class C felony drug possession is an “aggravated felony” under immigration law. That means mandatory deportation for non-citizens, including green card holders who’ve been here decades.

No waivers available. No hardship exceptions. No consideration of US citizen family members. You serve your prison time then get handed to ICE. Countries that won’t take you back? You sit in immigration detention indefinitely.

Even if charges get reduced later, the arrest and initial charge can trigger removal proceedings. ICE has access to arrest records. They start deportation while your criminal case is pending. You might beat the charge but still get deported.

DACA recipients lose protection immediately. Visa holders get revoked. Asylum seekers get denied. The immigration consequences are often worse than the criminal penalties. One-eighth ounce destroys entire families.

What Are the Collateral Consequences?

Class C felony drug conviction destroys everything:

Employment? Forget it. This isn’t misdemeanor possession – its trafficking-level felony. No professional licenses. No government jobs. No jobs requiring background checks. Even McDonald’s won’t hire Class C felons.

Housing? Impossible. NYCHA lifetime ban for drug felonies. Section 8 gone. Private landlords see “Class C narcotics felony” and reject immediately. Your looking at homelessness or illegal sublets.

Education? No federal aid with trafficking-level drug felonies. No student loans, no grants, no work-study. Private schools won’t admit Class C felons. Career training programs exclude drug felons. Your stuck forever.

Family court will destroy you with this conviction. Custody? Lost. Visitation? Supervised only. Adoption? Impossible. Foster care? Banned. The state considers you dangerous to children.

Why Is 4th Degree the Prosecutor’s Favorite Charge?

Fourth degree is the perfect prosecution tool. Serious enough to terrify defendants with 15-year maximum. Low enough threshold (3.5 grams) to charge frequently. Mandatory prison exposure forces plea deals.

They overcharge to force pleas. Catch someone with 3.5 grams? Charge fourth degree and “offer” fifth degree plea. Defendant thinks they got a deal but still becomes felon. Its a conviction machine.

Bail is high enough to keep people locked up. $10,000+ cash bail for 3.5 grams. Can’t pay? Sit in Rikers getting beaten and traumatized. After months inside, you’ll plead to anything to get out.

Trial penalties are severe. Reject the plea offer? They’ll ask for maximum time. They’ll bring up every prior arrest, even dismissed cases. They’ll make you look like Pablo Escobar over an eighth ounce.

Why Spodek Law Group for 4th Degree Possession?

Most lawyers see Class C felony and immediately push plea deals. “Take 2 years instead of risking 15!” But we know that 2 years in prison destroys your life just as much as 15. We fight to keep you OUT completely.

We attack weights down to the hundredth of a gram. 3.51 grams? We’ll fight to prove its 3.49. We hire independent labs. We challenge every aspect of how they weighed, tested, and calculated. One-tenth of a gram saves your life.

We know every judge, every prosecutor, every possible angle. Which judges might consider treatment instead of prison. Which prosecutors might reduce to misdemeanor if pushed. Which defenses work with which juries. This knowledge is crucial.

Most importantly, we’re not afraid of trial. Prosecutors know most lawyers won’t risk trial on Class C felonies. We will. That willingness to fight often gets better deals or outright dismissals. They’d rather dismiss than lose.

Call us RIGHT NOW at 212-300-5196
Don’t let 3.5 grams equal 15 years of your life!

Every minute matters with fourth degree charges! Evidence degrades (conveniently for prosecutors). Videos get deleted. Witnesses disappear or get threatened. That scale calibration record? Mysteriously lost. The longer you wait, the harder your case becomes!

Don’t let one-eighth of an ounce destroy your entire future! Don’t plead guilty just because your scared of the maximum! Don’t trust your life to lawyers who just want quick plea deals! Fight back with attorneys who know that 0.1 gram shouldn’t be the difference between freedom and prison!

Disclaimer: Prior results don’t guarantee future outcomes. Every case depends on specific circumstances. But we promise to fight every single gram like your life depends on it – because it does.