Facing 2nd Degree Possession of Controlled Substance Charges in New York?

2nd Degree Possession of Controlled Substance Charges in New York - Penal Law 220.18

Facing a charge under New York Penal Law § 220.18 is a serious matter. This statute addresses the criminal possession of certain controlled substances in significant quantities, categorizing it as a Class A-II felony. The penalties are severe, and understanding the specifics of this law is crucial for you to know.

Under NY Penal Law § 220.18, 2nd degree possession of controlled substances involves knowingly and unlawfully possessing at least:

• 4 oz preparations containing a narcotic drug
• 2 oz preparations containing methamphetamine or its precursors
• 10 g stimulants
• 25 mg LSD
• 625 mg of a hallucinogen
• 25 g hallucinogenic substance
• 2,880 mg methadone

Key points to note:

1. The law considers the aggregate weight of the substance, meaning the total weight of the mixture or compound containing the controlled substance, not just the pure drug content.
2. “Knowingly” means being aware that one's conduct is of a particular nature or that certain circumstances exist.
3. “Unlawfully” means being without legal right or justification.
4. “Possessing” means to have physical possession or otherwise exercise dominion or control over tangible property.​

“Possession” does not need to be direct but rather can also be constructive. Hence, contraband found in a bedroom where the individual resides but is not currently occupying during a search can still result in “possession.” This is also common during the search of a vehicle where numerous passengers may be deemed in constructive possession of contraband even though narcotics or a firearm are only found under one seat.

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

How We Fight 2nd Degree Possession of Controlled Substance Charges in New York

Facing such a charge doesn't automatically result in conviction. Several defenses may be applicable, depending on your case’s specifics. Carefully and aggressively investigating such things as the following might help create a solid defense for you:

• Lack of Knowledge: Arguing that you were unaware of the presence of the controlled substance.
• Unlawful Search and Seizure: Challenging the legality of how the evidence was obtained.
• Insufficient Quantity: Demonstrating that the amount possessed was below the statutory threshold.
• Lack of Possession: Contesting that you did not have control over the substance.

Possible Sentencing & Penalties in New York

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

For 2nd degree possession of controlled substance charges, you’re facing:

• Class A-II felony
• 3 to 10 years in prison
• Up to $50,000

These penalties can be more severe for individuals with prior felony convictions.

Examples and Related Cases

Our firm has defended many individuals charged with second-degree possession. We have even gone to trial, with successful results, specifically where possession of contraband was in question. As alluded to above, while law enforcement can charge you with constructively possessing contraband, there are limits.

We were able to show in one particular case that our client did not actually reside at a property despite his mail being addressed to such. Instead, we presented a jury with exonerating evidence which called into question the government’s theory of constructive possession, resulting in an acquittal.

Your Defense Begins Now

If you or someone you know is facing charges under NY Penal Law § 220.18, it's crucial to act promptly and seek legal help immediately. We’ll navigate the complexities of the legal system white ensuring your voice is heard. Contact the Law Offices of Jason Goldman today.