Facing 5th Degree Criminal Possession of Controlled Substance Charges in New York?

5th Degree Criminal Possession of Controlled Substance Charges in New York - Penal Law 220.06

In New York, possession of a controlled substance in the fifth degree is a serious drug charge, defined under NY Penal Law § 220.06. This offense covers a wide range of controlled substances and typically involves smaller amounts than those required for fourth-degree charges, but it is still a Class D felony, which carries significant potential penalties.

Under NY Penal Law § 220.06, 5th degree possession of controlled substances involves possessing at least:

• A controlled substance with intent to sell
• At least ½ oz narcotics preparations
• At least 50 mg phencyclidine (PCP)
• At least ¼ oz concentrated cannabis preparation
• At least 500 mg cocaine
• At least 1,000 mg ketamine
• Ketamine with prior conviction of Ketamin possession
• At least 28 g of gamma hydroxybutyric acid (GHB)

We’ve put together a comprehensive guide on conduct for various drug crimes in New York.​

How We Fight 5th Degree Criminal Possession of Controlled Substance Charges in New York

An experienced New York drug defense attorney can challenge these charges using several possible. After discussing your specific case, we may pursue defense strategies such as:

• Illegal Search and Seizure – Evidence obtained without a proper warrant or probable cause can be suppressed.
• Lack of Knowledge – If you did not knowingly possess the controlled substance.
• Constructive Possession Issues – If the substance was found in a shared space without clear proof of your control.
• Lack of Intent to Sell – Disputing any claim that you intended to sell the drugs can significantly reduce the severity of the charge.

Possible Sentencing & Penalties in New York

We’ve put together a comprehensive guide on sentencing guidelines for drug crimes in New York.

If convicted of fifth-degree drug possession, you may face:

• Class D felony
• 1 to 2.5 years in prison
• Up to $5,000 fine

Examples and Related Cases

Fifth-degree possession cases are common in New York and can be charged as an “intent to sell” even if the individual was possessing a controlled substance merely for personal use.

We recently represented an individual who was observed by law enforcement during a “hand to hand” transaction, whereby the purchaser ended up in possession of 2 grams of cocaine-mixture. Despite being classified as a felony and charged as such, our office was able to obtain a violation (Penal Law 240.20) to satisfy all charges. 

Your Defense Begins Now

Given the serious, life-altering consequences of a fifth-degree possession conviction, having an experienced criminal defense attorney by your side is crucial. A knowledgeable attorney can assess the strength of the prosecution’s evidence, negotiate plea deals, or potentially secure a case dismissal, depending on the specifics.

If you or someone you care about is facing a fifth-degree drug possession charge in New York, don’t wait to seek help. Contact The Law Offices of Jason Goldman immediately to take the first step toward building a strong defense.