If you are caught in possession of a controlled substance, you are looking at a significant sentence that includes time behind bars and steep finds. If you’ve been charged with possession of a controlled substance in New York, please continue reading to learn the penalties you can face and how an experienced Rockland County Drug Possession Attorney can help protect your freedom.
What is a Controlled Substance?
First, it’s important to understand that a controlled substance is a drug or chemical that the government has chosen to regulate due to its potential for abuse or dependency. Federal and state law organizes controlled substances into various schedules. Drugs that pose a greater threat are classified as Schedule I while the least dangerous drugs fall under Schedule V.
To be charged with drug possession in New York, the prosecution must prove that a person knowingly or intentionally had control of a drug. It’s important to note that courts have held that a person can have either actual or constructive possession of a drug. Actual possession refers to when a drug is found on the suspect’s person and constructive possession refers to when the drug is found in the suspect’s area of immediate control.
What Are the Penalties for Possession of a Controlled Substance?
If you are found in possession of a controlled substance without a valid prescription, it’s crucial to understand the penalties you can face. The penalties you can face for possession of a controlled substance in New York depend on the circumstances of the crime. Some factors that can affect the severity of the penalties you can face include the type of illegal substance involved, the amount found in your possession, prior convictions, was selling or intent to sell drugs is evident, as well as other circumstances. The penalties for each degree of drug possession in New York are as follows:
- Class A misdemeanor: You can face up to 1 year in prison and fines of up to $1,000
- Class D felony: You can face up to 2.5 years in prison and fines of up to $5,000
- Class C felony: You can face up to 5.5 years in prison and fines of up to $15,000
- Class B felony: You can face up to 9 years in prison and fines of up to $30,000
- Class A-II felony: You can face up to 10 years in prison and fines of up to $50,000
- Class AI felony: You can face up to 20 years of prison and fines of up to $100,000
What Are Possible Defenses After a NY Drug Charge?
If you are facing a drug possession charge in New York, it’s in your best interest to retain a strong legal team that can help you explore all possible defense strategies. Depending on the unique circumstances of your case, you may be able to challenge the charges against you based on the amount you were in possession of, as the law specifically outlines dosages.
In addition, if law enforcement conducted an unlawful search and seizure your attorney could have the evidence suppressed which could weaken the prosecution’s case, potentially leading to reduced or dismissed charges. You can also argue that you were not aware of the drugs and did not have control over the substances. Prosecutors have to prove that a defendant knew the drugs were present and intended to use or control them.
At The Law Office of Carl Spector, we can effectively represent your interests and protect your rights. For more information and to begin formulating your case, connect with our firm today.
