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Drug Possession / Sale

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Under New York law, many offenses related to illegal drugs and controlled substances are governed by Article 220 of the Penal Law. Offenses include:

  • Criminal Possession of a Controlled Substance (simple possession, possession with intent to sell, or possession based on amount).
  • Criminal Sale (or Intent to Sell / Distribution) of a Controlled Substance—any unauthorized sale or distribution is a felony under New York law.

Whether possession or sale, charges depend on factors such as the type of drug, the quantity/weight, and whether there is evidence of intent to sell or distribute.

Degrees of Possession — From Misdemeanor to Felony

New York law categorizes possession offenses by degree, with penalties increasing based on substance type and amount:

  • Seventh Degree (PL § 220.03) — The least serious possession offense; typically a Class A misdemeanor for knowingly possessing a controlled substance without authorization (when amounts/conditions don’t trigger felonies). This can even include prescribed drugs if they are possessed outside of their original container or shared with others.
  • Fifth Degree (PL § 220.06) — A Class D felony, often charged for possession with intent to sell or possession of higher amounts/more serious substances.
  • Fourth Degree (PL § 220.09) — A Class C felony. This applies when amounts or the nature of the controlled substance surpass thresholds for misdemeanor or lower felonies.
  • Third Degree (PL § 220.16, among others) — A Class B felony, typically involving possession of narcotics or other serious controlled substances when the prosecution alleges possession with intent to sell (packaging or volume) or meets weight thresholds.

Penalties may include years in state prison, significant fines, and a permanent criminal record. There are alternatives to incarceration available, including Judicial Diversion, depending on many factors.

Criminal Sale or Distribution — Serious Felony Charges

Any unauthorized sale, distribution, or offer to sell controlled substances triggers charges under
the “Criminal Sale of a Controlled Substance” provisions.

Degrees of sale offenses depend on the drug type, amount, and circumstances (e.g., sale near
schools or involving minors).

Convictions for sale charges carry harsh penalties, often substantial prison time, large fines, and
long-lasting collateral consequences.

Why Even “Small” Possession Cases Can Have Huge Consequences

  • What may seem like a small amount of drugs—including prescription medications—can trigger felony possession if thresholds are met or intent to distribute is alleged.
  • Once charged, a criminal record may affect employment, housing, educational opportunities, immigration status, licensing, and more.
  • Prosecutors and courts treat controlled substance offenses seriously; the difference between indictment level (misdemeanor vs. felony) often hinges on subtle legal issues like intent, possession type (actual vs. constructive), amounts, or drug classification.

Why Representation Matters

Drug charges in New York carry serious consequences, but the outcome often depends on early, strategic intervention. Our firm provides aggressive, informed, and proactive defense for clients facing any level of drug charge—from simple possession to major trafficking allegations. We work to protect your rights, challenge the prosecution’s evidence, and fight for the best possible result. Our experience successfully defending drug charges in New York goes back thirty years.

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THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

FAQS

Frequently Asked
Questions

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What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.

For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing
to visit a loved one or friend.

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).

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