New York Penal Code § 220.09: Criminal possession of a controlled substance in the fourth degree

Criminal possession of a controlled substance in the fourth degree according to New York Penal Law § 220.09 is willfully possessing substances known to be unlawful for personal use or resale. Criminal possession of a controlled substance in the fourth degree is a class C felony. Possession refers to the presence of small amounts of a controlled substance, and it is often a misdemeanor charge.

Controlled Substances

Federal and state laws govern controlled substances classified by levels, or schedules. Possession of larger volumes of controlled substances is regarded as possession with the intent to distribute. Drug possession charges are often concurrent with cultivation, distribution, manufacturing, or trafficking charges. Under New York Penal Law § 220.09criminal possession of a controlled substance in the fourth degree refers specifically to:

  • Narcotics including preparations which contain a narcotic drug which weighs at least one-eighth of an ounce.
  • Methamphetamines including salts, isomers, or compounds which weigh one-half ounce or more.
  • Methadone which weighs at least 360 milligrams.
  • Stimulant drugs which weigh more than one gram.
  • Lysergic acid diethylamide in one milligram compounds.
  • Hallucenogens which weigh 25 milligrams or more or hallucinogenic substances which weigh at least one gram.
  • Depressants including 19 ounces or more of dangerous depressants or two pounds of depressants.
  • Cannabis including one ounce or more of substances or mixtures which contain concentrated cannabis.
  • Phencyclidine which weighs at least 250 milligrams or 50 milligrams with other criminal charge.
  • Ketamine which weighs at least 4,000 milligrams.
  • Gamma hydroxybutyric acid or its presence in at least 200 grams of a compound or mixture.

Criminal Defense Attorney

You should never try to speak for yourself after your arrest. The police collect testimony, physical evidence, and facts until they have enough proof to make an arrest. Anything you say to the police may be used against you. Your criminal defense attorney will speak for you. Your criminal defense attorney may be able to get your bail and your criminal charges reduced or dis missed so you can go home to your family and friends to wait for your criminal trial. Your criminal defense lawyer can:

• Investigate your case
• Find additional evidence
• Interview witnesses
• Prepare your defense
• Negotiate with prosecutors

Criminal Defense

As a criminal defendant you are presumed innocent until you are proven guilty. Your criminal defense attorney may try to determine your chances of prevailing in a criminal court trial. Your public defender may have an investigator with limited time to investigate your case. You can subpoena witnesses to come to court, but depositions are not allowed in criminal cases. Your defense attorney can look for procedures that were not correctly followed in hopes of getting evidence thrown out of court or your charges reduced or dismissed.

Diversion

Good people sometimes make mistakes. Diversion is a defense tactic available to those with no prior convictions. If you regret what you did and your defense attorney negotiates this option for you, you can plead guilty and complete a substance abuse treatment program. If you do not reoffend within 18 months, the guilty disposition is vacated. Your case can be dismissed in 18 months and legally you were never arrested.

Spodek Law Group

Call or contact our family-owned law firm 24 hours each day 7 days each week. We welcome referrals from our clients. Tsigler Law brings the efficiency of a big city law firm to your criminal court trial for a cost-effective solution to your legal problem. Our criminal defense lawyer can help you in the investigative phase of your case, at a grand jury trial, and at your criminal court hearing. Our criminal defense attorney can help you with probation and parole violations in New York City and throughout the state of New York. Our attorney speaks English, Spanish, and Russian, and our legal fees are reasonable. You need your time and money.

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