Facing 1st Degree Possession of Controlled Substance Charges in New York?

1st Degree Possession of Controlled Substance Charges in New York - Penal Law 220.21

Facing a charge of criminal possession of a controlled substance in the first degree in New York is a serious matter. This offense is classified as a Class A-I felony, which is the most severe category under New York law, and carries the potential for life-altering consequences.

Under NY Penal Law § 220.21, 1st degree possession of controlled substances involves possessing at least:

• 8 oz preparations containing a narcotic drug
• 5,760 oz of methadone

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

How We Fight 1st Degree Possession of Controlled Substance Charges in New York

As mentioned, being charged with and prosecuted for 1st degree possession of controlled substances is a serious legal matter. Thus, it’s critical to explore all possible defense strategies to help your case, such as:

• Challenging the legality of the search and seizure: If law enforcement violated your constitutional rights during the investigation, evidence obtained may be inadmissible.
• Questioning the actual possession: Establishing that you did not have control over the substance.
• Disputing the weight or composition of the substance: Ensuring accurate measurement and identification of the drug involved.​

Each case is unique, and the applicability of these defenses depends on the specific circumstances involved.​

Possible Sentencing & Penalties in New York

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

As a first-time offender for 1st degree possession of controlled substance charges, you’re facing:

• Class A-I felony
• 8 to 20 years in prison
• Up to $100,000

Otherwise, you will be looking at exposure such as:

• 12 to 24 years for individuals with a prior felony drug conviction
• 15 to 30 years for those with both a prior felony drug conviction and a prior violent felony offense
• A fine of up to $100,000

Examples and Related Cases

Our firm has represented various individuals who are charged with First Degree possession in New York State. In one recent matter, despite overwhelming evidence, we were able to work out a disposition with prosecutors which resulted in a SHOCK eligible sentence for our client. This greatly reduced his prison term, from approximately six years down to two. 

Your Defense Begins Now

If you or a loved one is facing a charge under NY Penal Law § 220.21, securing experienced legal counsel is imperative. An experienced criminal defense attorney can assess the details of your case, advise on the best course of action, and work to protect your rights throughout the legal process.​ Please contact The Law Offices of Jason Goldman today.