Facing 4th Degree Criminal Possession of Controlled Substance Charges in New York?

4th Degree Criminal Possession of Controlled Substance Charges in New York - Penal Law 220.09

Fourth-degree possession of a controlled substance is defined under NY Penal Law § 220.09 and is considered a Class C felony. This charge covers a wide range of controlled substances, including opioids, cocaine, methamphetamine, and certain prescription medications, making it one of the more common but severe drug offenses in the state.

Under NY Penal Law § 220.09, 4th degree possession of controlled substances involves possessing at least:

• ⅛ oz preparations containing a narcotic drug
• ½ oz preparations containing methamphetamine or its precursors
• 2 oz preparations containing narcotics preparations
• 1 g stimulants
• 1 mg lysergic acid diethylamide (LSD)
• 25 mg hallucinogen
• 1 g hallucinogenic substance
• 10 oz dangerous depressant
• 2 lbs depressants
• 1 oz concentrated cannabis preparation
• 250 mg PCP
• 360 mg methadone
• 50 mg PCP with intent to sell and prior drug conviction
• 4,000 mg ketamine
• 200 g GHB

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

How We Fight 4th Degree Criminal Possession of Controlled Substance Charges in New York

Given the serious nature of this felony charge, working with a skilled attorney can make a significant difference. They can negotiate reduced charges, argue for alternative sentencing options like drug treatment programs, or even achieve case dismissals depending on the circumstances.

Depending on your specific case, some potential defense strategies we might propose are:

• Unlawful Search and Seizure – Evidence obtained without a proper warrant or probable cause may be suppressed.
• Lack of Knowledge – If you genuinely did not know the substance was in your possession.
• Mistaken Identity or Control – If the drugs were not actually in your control or possession.
• Medical Necessity or Prescription Defense – In some cases, a legitimate medical prescription can be a defense.

Possible Sentencing & Penalties in New York

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

Because fourth-degree drug possession is a Class C felony, a conviction can result in severe penalties, including:

• 1 to 5.5 years in prison
• Up to $15,000 fine

Examples and Related Cases

The Law Offices of Jason Goldman has represented a number of individuals charged with the Class C felony of 4th degree possession of a controlled substance. In a recent case which was being prosecuted by the office of special narcotics in New York City, we were able to successfully petition the government to offer a probation only disposition for a client who had been caught in possession of over 5,000 mg of Ketamine during a search warrant execution. We provided mitigation material depicting the individual’s upbringing and character within the community to obtain a non-jail sentence. 

Your Defense Begins Now

If you or a loved one is facing a 4th-degree drug possession charge in New York, it's crucial to act quickly and contact an experienced litigator & criminal defense attorney who has experience on both sides of the aisle. Contact The Law Office of Jason Goldman today for a confidential consultation and start building a strong defense.