Facing 3rd Degree Possession of Controlled Substance Charges in New York?

3rd Degree Possession of Controlled Substance Charges in New York - Penal Law 220.16

Under NY Penal Law § 220.16, 3rd degree possession of controlled substances involves possessing at least:

• a narcotic with intent to sell
• a stimulant, hallucinogen, hallucinogenic substance, or LSD with intent to sell and a prior drug conviction
• at least 1 g stimulant with intent to sell
• at least 1 mg LSD with intent to sell
• at least 25 mg hallucinogen with intent to sell
• at least 1 g hallucinogenic substance with intent to sell
• at least ⅛ oz preparations containing methamphetamine or its precursors with intent to sell
• at least 5 g stimulants
• at least 5 mg LSD
• at least 125 mg hallucinogens
• at least 5 g hallucinogenic substance
• at least ½ oz preparations containing a narcotic drug
• at least 1,250 mg PCP
• 25 g hallucinogenic substance
• 2,880 mg methadone

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

How We Fight 3rd Degree Possession of Controlled Substance Charges in New York

Putting up a solid defense strategy for our clients facing a charge under  NY Penal Law § 220.16 may involve:​

• Challenging the legality of the search and seizure: If evidence was obtained unlawfully, it might be inadmissible in court.
• Disputing possession: Arguing that our client did not knowingly possess the substance.
• Questioning intent: Contesting the prosecution's claim that there was intent to sell.​

However, each case is unique and each defense strategy must be tailored to 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.

For 3rd degree possession of controlled substance charges, you’re facing:

• Class B felony
• 1 to 9 years in prison
• Alternate penalty of up to one year
• Up to $30,000

Your Defense Begins Now

Facing a charge for criminal possession of a controlled substance in the third degree is a serious matter. It's crucial to consult with an experienced criminal defense attorney who can provide guidance based on the specifics of your case. Legal outcomes can vary widely, and professional representation is essential to navigate the complexities of the legal system.​ Contact The Law Offices of Jason Goldman today.