Facing 7th Degree Criminal Possession of Controlled Substance Charges in New York?

7th Degree Criminal Possession of Controlled Substance Charges in New York - Penal Law 220.03

Seventh-degree possession of a controlled substance is one of the most commonly charged drug offenses in New York. Defined under NY Penal Law § 220.03, this is a Class A misdemeanor, which, while less severe than felony drug charges, still carries significant legal consequences.

Under NY Penal Law § 220.03, 7th degree possession of controlled substances involves possessing a controlled substance.

To be charged with seventh-degree possession, the prosecution must prove that you:

• Knowingly and unlawfully possessed a controlled substance.
• The amount in your possession was below the felony weight thresholds specified in higher possession degrees.

Some examples of substances that can lead to this charge include:

• Cocaine, heroin, or methamphetamine in small amounts
• MDMA (ecstasy), LSD, or hallucinogenic mushrooms
• Prescription medications like oxycodone, hydrocodone, or Xanax without a valid prescription

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

How We Fight 7th Degree Criminal Possession of Controlled Substance Charges in New York

A skilled New York criminal defense attorney can build a strong defense for a 7th degree possession charge. Possible defenses that we might pursue, based on your specific case, include:

• Unlawful Search and Seizure – Challenging the legality of the police search or traffic stop that led to the discovery of the drugs
• Lack of Knowledge – If you were unaware that you possessed the controlled substance
• Constructive Possession Issues – If the drugs were found in a shared space without clear proof of your control
• Prescription Defense – If the substance in question was legally prescribed to you

Possible Sentencing & Penalties in New York

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

Although a Class A misdemeanor, a conviction can still lead to serious consequences, including:

• Up to 1 year in jail
• Up to $1,000 fine

Examples and Related Cases

Seventh-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 1 gram of cocaine-mixture. Despite being classified as a misdemeanor and charged as such, our office was able to obtain an Adjournment in Contemplation of Dismissal (ACD) to satisfy all charges. Our client was left without a criminal record and without any sentence.

Your Defense Begins Now

Even though seventh-degree possession is a misdemeanor, a conviction can have lasting effects on your life. An experienced criminal defense attorney can help you explore diversion programs, challenge the evidence against you, or negotiate for reduced charges.

If you or a loved one has been charged with seventh-degree possession in New York, don’t wait to seek help. Contact The Law Offices of Jason Goldman today to learn how we can help protect your rights and your future.