The possession of illicit drugs and controlled substances without a valid prescription is illegal in New York. People who are facing these charges will risk penalties based on the type of drug in question, the amount of the drug allegedly in their possession and any aggravating factors that may apply to their case.
If you have been charged with unlawful drug possession, understanding the penalties you’ll risk in the event of a conviction may help you to determine what type of defense strategy to utilize with the assistance of a legal professional.
Criminal possession of a controlled substance
Having a controlled substance in your possession can lead to serious criminal charges. These are divided into seven degrees in New York.
- 7th Degree (Class A misdemeanor): Possessing any amount of a controlled substance unlawfully. Penalties can include up to 1 year in jail, probation, and/or a fine of up to $1,000.
- 6th Degree (Class D felony): Possessing a controlled substance with intent to sell. Penalties can range from 1 to 2.5 years in prison, probation, and/or a fine of up to $5,000.
- 5th Degree (Class D felony): Possessing specific amounts of certain controlled substances, such as 500 mg of cocaine. Penalties can range from 1 to 2.5 years in prison, probation, and/or a fine of up to $5,000.
- 4th Degree (Class C felony): Possessing larger amounts of controlled substances, such as 1/8 oz of a narcotic drug. Penalties can range from 1 to 5.5 years in prison, probation, and/or a fine of up to $15,000.
- 3rd Degree (Class B felony): Possessing even larger amounts of controlled substances, such as 1/2 oz of a narcotic drug. Penalties can range from 1 to 9 years in prison, probation, and/or a fine of up to $30,000.
- 2nd Degree (Class A-II felony): Possessing substantial amounts of controlled substances, such as 4 oz of a narcotic drug. Penalties can range from 3 to 10 years in prison and/or a fine of up to $50,000.
- 1st Degree (Class A-I felony): Possessing extremely large amounts of controlled substances, such as 8 oz of a narcotic drug. Penalties can range from 8 to 20 years in prison and/or a fine of up to $100,000.
Certain factors, such as a prior criminal record will also affect what penalties a person is facing. Working closely with a legal professional who is familiar with these matters is beneficial since they can assist you with determining your options.