There are six levels to criminal possession of a controlled substance, ranging from an A misdemeanor to a A-I felony. To begin with, controlled substances are all the substances named in schedules I, II, III, IV, and V of Public Health Law section 336 as well as concentrated cannabis. Substances included in these schedules include hallucinogens, depressants, stimulants and opiates to name a few. The schedules are quite extensive in naming specific controlled substances as well as including broad categories of substances that are designated to a specific category. In you have been charged with possession of a controlled substance, in any degree, call our experienced team of New York criminal attorneys to discuss your case now.
There are a few presumptions that apply if this offense has been charged in any degree. First, if the controlled substance is present in an automobile possession is assumed to be that of the owner of the vehicle. This does not apply if the vehicle is public, if they are a licensed operator for hire and in their line of work, if a person within the vehicle is in lawful possession of the controlled substance or if the controlled substance is concealed on the person of an occupant. Another such presumption is if the controlled substance or preparation is in open view in a room showing evidence of intent to mix, package, prepare for sale or compound the controlled substance unlawfully.
The lowest charge of possession of a controlled substance is in the seventh degree which is a class A misdemeanor. This offense applies when a person has knowingly and unlawfully possessed a controlled substance. If they either possess such substance with the intent to sell it, or possess concentrated cannabis weighing .25 ounces or more, cocaine weighing 500 milligrams or more or ketamine weighing more than 1,000 milligrams then the elevated charge of possession in the fifth applies making the offense now a class D felony. As the charges are now in felony range, mandatory time served can be the result of a conviction so it is important you have an attorney who will work diligently for you to handle your case.
As the weights of the controlled substance the offender possesses increase, the degree charges increases as well. For example, .125 or more ounces of one or more mixtures, compounds, substances or preparations that contain a narcotic drug the charge is a class C felony. If the amount in possession is .5 ounces or more, the charge becomes a class B felony and an amount weighing four ounces or more is a class A-II felony. Class A-II felonies are the second highest felony charge possible.
The highest charge of possession of a controlled substance is an A-I felony and applies when a person is in possession of methadone weighing over 5,760 milligrams or a narcotic as described above weighing over eight ounces. If you are charged with this offense it is imperative that you call us as soon as possible so that we can begin working with the court to do what we can with the charges.