Possession of a Controlled Substance in New York: Penalties and Defenses

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know possession of a controlled substance is one of the most frequently charged offenses in New York. These charges can lead to serious consequences, including fines, imprisonment, and a lasting criminal record. Understanding the nuances of New York’s drug possession laws and the defenses available is critical for anyone facing these allegations.

What Is Considered a Controlled Substance in New York?

Under New York law, controlled substances include a broad range of drugs classified into schedules based on their potential for abuse, medical use, and risk of dependency.

Examples of controlled substances include:

• Cocaine and crack cocaine.
• Heroin.
• Methamphetamine.
• Prescription medications like oxycodone, hydrocodone, or Xanax (when possessed without a valid prescription).
• Ecstasy and LSD.

The severity of a possession charge depends on several factors, including:

• Type and amount of the substance: Possessing larger quantities may result in more severe charges or even allegations of intent to sell.
• Location of possession: Possession near schools or childcare facilities can increase penalties.
• Prior criminal history: Repeated offenses often result in harsher sentencing.
• Circumstances of the arrest: Whether the possession occurred during another alleged crime can impact the charges.

Penalties for Possession of a Controlled Substance in New York

New York categorizes drug possession charges into degrees, ranging from misdemeanors to serious felonies.

Examples of the penalties associated with possession offenses include:

• Criminal Possession of a Controlled Substance in the Seventh Degree: A Class A misdemeanor punishable by up to one year in jail and/or fines.
• Criminal Possession of a Controlled Substance in the Fifth Degree: A Class D felony, often charged for possession of larger amounts or with intent to sell, punishable by up to seven years in prison.
• Criminal Possession of a Controlled Substance in the First Degree: A Class A-I felony reserved for the possession of large quantities of certain drugs, carrying a sentence of 8 to 20 years in prison and significant fines.

Additional consequences may include mandatory drug treatment programs, probation, or community service. A conviction can also affect employment, housing, and educational opportunities.

Defenses Against Drug Possession Charges in New York

A strong legal defense can significantly affect the outcome of a controlled substance possession case.

Common defense strategies include:

• Unlawful Search and Seizure: The Fourth Amendment protects individuals from illegal searches and seizures. The evidence may be inadmissible in court if the drugs were discovered without proper warrants or probable cause.
• Lack of Possession: Proving that the controlled substance was not in your actual or constructive possession can undermine the prosecution’s case.
• Entrapment: If law enforcement induced you to possess a controlled substance, entrapment may be a viable defense.
• Chain of Custody Issues: Prosecutors must prove that the substance seized is the same as the one tested and presented in court. Errors in handling evidence can weaken the case.
• Medical Exemptions: For prescription medications, demonstrating that you had a valid prescription can lead to dismissal.
• Lack of Knowledge: If you were unaware of the presence of the controlled substance (e.g., someone left drugs in your vehicle), you might argue a lack of intent.

Why You Need an Experienced Albany Criminal Defense Attorney

Drug possession cases can be complex, with outcomes that hinge on the smallest details of your arrest and the evidence against you.

At O’Brien & Eggleston, our Albany criminal defense attorneys have the experience and skill to:

• Investigate the circumstances of your arrest.
• Challenge the admissibility of evidence.
• Negotiate with prosecutors to reduce or dismiss charges.
• Build a customized defense strategy aimed at achieving the best possible outcome.

Contact Our Albany Criminal Defense Lawyers at O’Brien & Eggleston PLLC Today

Don’t leave your future to chance if you’ve been charged with possessing a controlled substance in Albany or the surrounding areas. Contact our Albany County criminal defense lawyers at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.