New York Penal Code 220.09: Criminal Possession of a Controlled Substance

New York Penal Code 220.09 is the law that makes it illegal to possess certain controlled substances in New York State. This law is part of New York’s drug laws under Article 220 of the Penal Law. Let’s break down what you need to know about Penal 220.09 and criminal drug possession charges in New York.

The Basics of NY Penal Code 220.09

Penal Code 220.09 is the law that makes it a crime to possess a controlled substance in the fourth degree. This charge applies when someone knowingly and unlawfully possesses:

• One or more preparations, compounds, mixtures or substances containing a narcotic drug and the total weight is 1/8 ounce or more;
• One or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the total weight is 1/8 ounce or more;
• One or more preparations, compounds, mixtures or substances containing a stimulant and the total weight is 1/2 ounce or more; or
• One or more preparations, compounds, mixtures or substances containing lysergic acid diethylamide (LSD) and the total weight is 1/4 ounce or more.

Criminal possession of a controlled substance in the fourth degree is a Class C felony in New York. This is punishable by up to 15 years in prison.

Controlled Substances Covered by 220.09

The controlled substances covered by NY Penal Code 220.09 include:

• Narcotic drugs – heroin, cocaine, oxycodone, fentanyl, etc.
• Methamphetamine – meth, crystal meth, ice, etc.
• Stimulants – amphetamine, methylphenidate, MDMA/ecstasy, etc.
• LSD (lysergic acid diethylamide) – also known as acid.

The charge focuses on the aggregate weight of the controlled substances. Even if you possess small amounts of multiple drugs that add up to the weight threshold, you can be charged with criminal possession in the fourth degree.

Defenses to NY Penal Code 220.09 Charges

There are several legal defenses that a skilled New York criminal defense lawyer may use to fight Penal Code 220.09 drug possession charges, including:

• Illegal search and seizure – if the police did not have probable cause or a warrant to search you, the drugs found may be excluded.
• Misidentification – if the drugs were not actually yours.
• Lack of knowledge – if you did not knowingly possess the drugs.
• Entrapment – if you were induced by police to commit the crime.

An experienced drug crimes lawyer can evaluate the details of your case and advise you on the best defense strategies.

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Penalties for Criminal Possession of a Controlled Substance in the Fourth Degree

The potential penalties for being convicted of violating NY Penal Code 220.09 include:

• Up to 15 years in state prison.
• Fines up to $100,000.
• Driver’s license suspension for 6 months.
• 5 years of probation supervision after release.
• Permanent criminal record.

Penalties can be even harsher for repeat offenders or those with a previous felony conviction. Probation or parole may also be revoked if already on supervision.

Getting Legal Help for Drug Possession Charges

Being arrested for drug possession can be scary. But experienced criminal defense lawyers understand New York’s drug laws and how to build the strongest defense. A knowledgeable lawyer can argue to get evidence suppressed or charges reduced or dismissed.

Don’t take chances with your future. The costs of a drug conviction can follow you for life. Consult with a drug crimes attorney as soon as possible after an arrest. Many provide free consultations and legal fee options.

With an aggressive defense, many people avoid jail and felony convictions. But you need legal advice to understand all your options. So reach out to a trusted NY drug crimes lawyer for help fighting Penal Code 220.09 possession charges.