New York Penal Law § 220.21 – Criminal Possession of a Controlled Substance in the First Degree?

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Criminal Possession of a Controlled Substance in the First Degree is one of the most serious drug crimes in New York. More specifically, this law provides harsh punishments for anyone possessing large amounts of methadone and other preparations or compounds. Criminal Possession of a Controlled Substance in the First Degree is a Class A-II felony.

What Are the Elements of Criminal Possession of a Controlled Substance in the 1st Degree?

The elements of Criminal Possession of a Controlled Substance in the 1st Degree require the prosecution to prove that a defendant knowingly and unlawfully possessed one or more of the following:

• 1. Eight ounces or more of any compound, preparation or mixture containing narcotic drugs; or
  2. 5,760 milligrams or more of methadone.

Notably, § 220.21 doesn’t mention the intent to sell, meaning prosecutors do not need to establish what a defendant intended to do with the drugs. However, given the significant quantity of drugs needed to fit within the law, prosecutors typically have some evidence of drug sales.

Related Offenses to NY Penal Law § 220.21

Given the many different drug crimes in New York, as well as their similarities, prosecutors often bring several narcotics charges against a person following a single arrest. In the case of Criminal Possession of a Controlled Substance in the First Degree, the following are the most common related crimes:

• Criminal Possession of a Controlled Substance in the Fourth Degree – NY Penal Law §220.09
• Criminal Possession of a Controlled Substance in the First Degree – NY Penal Law §220.21
• Criminal Possession of a Controlled Substance in the First Degree – NY Penal Law §220.21
• Criminal Sale of a Controlled Substance in the Third Degree – NY Penal Law §220.39
• Criminal Sale of a Controlled Substance in the Second Degree – NY Penal Law §220.41
• Criminal Sale of a Controlled Substance in the First Degree – NY Penal Law §220.43
• Criminal Sale of a Controlled Substance in or Near School Grounds – NY Penal Law §220.44

What Are the Defenses to Criminal Possession of a Controlled Substance in the First Degree?

Even the most serious narcotics offenses have defenses, which can reduce your sentencing exposure, result in the prosecution withdrawing the case against you or put doubt in the minds of the jury, prompting a “not guilty” verdict.

The most common defenses include the following:

• Law enforcement officers violated your constitutional rights during their investigation.
• You did not “possess” the controlled substance under the terms of the law.
• You possessed less than the threshold amount of the methadone or a drug compound.
• Insufficient evidence that you possessed the controlled substance with the intent to sell it.
• Prosecutors mistakenly charged you with possession of the wrong substance.

What Are the Penalties for Violating NY Penal Law § 220.21?

Criminal Possession of a Controlled Substance in the First Degree is a Class A-I felony. In New York, Class A-I felonies carry a maximum sentence between 8 and 20 years in jail and a fine of up to $100,000.

Are You Facing Felony Drug Charges in New York?

If were recently charged with Possession of a Controlled Substance in the First Degree under § 220.21, it is imperative that you immediately reach out to an experienced attorney to begin working on your defense. At Tilem & Associates, our New York drug crimes lawyers have more than 25 years of experience defending clients facing all types of felony drug crimes and know what it takes to ensure your case ends with the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.