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New York Penal Code: Criminal Posession of a Controlled Substance in the Second Degree

New York Penal Code: Criminal Posession of a Controlled Substance in the Second Degree

What constitutes criminal possession of a controlled substance in the second degree?

Criminal possession of a controlled substance is charged in the state of New York if an individual is caught with drugs, including narcotics, methamphetamine, and stimulants.

What kind of sentences are given for criminal possession of a controlled substance in the second degree?

A conviction of criminal possession of a controlled substance in the second degree can carry a sentence up to lifetime imprisonment because the crime is a Class A felony. This conviction carries a minimum sentence of 3 to 8 years in prison.

What actions can result in getting charged with criminal possession of a controlled substance in the second degree?

Actions that can result in being charged with criminal possession of a controlled substance in the second degree in New York include, but are not limited to the following:

  • Possession of at least 4 ounces of narcotics
  • Possession of at least 2 ounces of methamphetamine
  • Possession of at least 10 grams of stimulant drugs
  • Possession of at least 25 milligrams of lysergic acid diethylamide
  • Possession of at least 625 milligrams of a hallucinogen
  • Possession of at least 25 grams of a hallucinogenic
  • Possession of at least 2,880 milligrams of methadone

These drugs must be found on a person or in their home or car along with proof that the individual knew about the possession for a conviction to be made.

What happens after an arrest is made for criminal possession of a controlled substance in the second degree?

After an arrest is made in a criminal possession of a controlled substance case, the suspect will be detained and booked. After booking, the suspect will be made aware that they are being charged with possession of a controlled substance, along with any other charges that may have been included.

What happens after the arraignment for criminal possession?

After the arraignment for criminal possession of a controlled substance in the second degree, the suspect will theoretically be released on bail and given a trial date. Because this is a Class A felony, however, the chances of being held without bail are increased and an estimated 38 percent of individuals charged with this crime are held without bail because of flight risks.

What kind of defenses can I use for criminal possession of a controlled substance in the second degree?

Common defenses for the possession of a controlled substance include defenses based on the amount of the controlled substance actually found. The laws for criminal possession of a controlled substance are very specific and must observed. Additionally, those charged with criminal possession can investigate the manner in which the police found the illegal drugs. Searches that were unlawful can be thrown out by the court if discovered.

How can prison be avoided with a charge of criminal possession of a controlled substance in the second degree?

Because this conviction is a Class A felony, there is no way to avoid prison when convicted of criminal possession of a controlled substance in the second degree in New York.

Possession of a controlled substance offers one of the longest sentences in New York’s penal system. This is a serious charge and should be viewed as such. If you or a loved one has been charged with criminal possession in New York, it is vital that you obtain legal representation quickly. If you are not able to obtain counsel, a defense attorney will be appointed to you. However, chances of overturning your charge in court are increased greatly if you hire a private attorney. There are also private firms in New York that handle cases specifically for those charged with criminal possession of a controlled substance and can not afford adequate representation.

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