Being convicted of a drug offense in New York for criminal possession of a controlled substance carries a significant sentence. If you’ve been charged with possession of a controlled substance, understanding the penalties you can face is crucial. Please continue reading as we explore what constitutes possession in New York and how our experienced Garden City, NY Drug Crime Attorneys can help you fight for the best possible outcome for your case.
What Are Controlled Substances and What Constitutes Possession in New York?
First, a controlled substance is a drug or chemical that is regulated by the government due to its potential for abuse or addiction. If you are found in possession of a controlled substance without a valid prescription, you will face criminal charges.
Federal and New York law divides controlled substances into five schedules. Schedule I lists the most dangerous drugs, which have the highest portability of abuse and addiction and no recognized medical value. Schedule V drugs, on the other hand, have the lowest potential for abuse or dependence.
In New York, the crime of possessing controlled substances occurs when a person knowingly or intentionally has control of a drug. Courts recognize that a person can have either actual or constructive possession of a drug. Actual possession refers to when contraband is found on the suspect’s person, whereas constructive possession refers to when the drug is found in the person’s area of immediate control.
What Are the Potential Penalties?
If you are caught in possession of a controlled substance without a valid prescription in New York, it’s crucial to understand the penalties you can face upon a conviction. New York aggressively prosecutes drug crimes, meaning you will face harsh consequences for unlawfully possessing a controlled substance. The severity of the penalties you can face depends heavily on the type of drug, the amount found in your possession, as well as other circumstances. The penalties for each degree of possession charges in New York are as follows:
- Class A felony: Penalties include up to 1 year of imprisonment and fines of up to $1,000.
- Class D felony: Penalties include up to 2.5 years of imprisonment and fines of up to $5,000.
- Class C felony: Penalties include up to 5.5 years of imprisonment and fines of up to $15,000.
- Class B felony: Penalties include up to 9 years of imprisonment and fines of up to $30,000.
- Class A-II: Penalties include up to 10 years of imprisonment and fines of up to $50,000.
- Class A-1 felony: Penalties include up to 20 years of imprisonment and fines of up to $100,000.
As you can see, the penalties for possession of a controlled substance can be profound and far-reaching. At KCS Law, we are prepared to represent your needs in court and explore all legal means to lessen the charges against you or have them dismissed. Connect with our firm today to learn more about how we can fight for you.
