A person in handcuffs and a gloved police office holding a bag of cocaine

New York Drug Possession Felonies

Felony charges in New York are serious business. The consequences of drug possession felonies vary depending on several factors, but they all have one thing in common: they can have a serious effect on your life. Below is an overview of drug possession felony charges in New York. If you are facing a drug possession felony charge in New York, please contact a New York criminal defense attorney as soon as possible for assistance. 

Possession Of A Controlled Substance

In order to be convicted of criminal possession of a controlled substance (“CPCS”) in New York, the state must prove the following:

  • A controlled substance was involved
  • The defendant possessed the substance
  • The defendant possessed the substance knowingly
  • The defendant’s possession was unlawful.

DRUG POSSESSION FELONIES: DEGREES & PENALTIES

New York classifies drug possession crimes as follows:

  • First-degree CPCS: First-degree CPCS is a class A-1 felony that carries a possible sentence of up to 20 years in state prison. Examples include possession of heroin, cocaine, and any narcotic drug of an aggregate weight of eight or more ounces. 
  • Second-degree CPCS: Second-degree CPCS is a class A-2 felony that carries a possible sentence of up to 10 years in state prison. Examples include possession of heroin, cocaine, and any other narcotic drug of an aggregate weight of four or more ounces.
  • Third-degree CPCS: Third-degree CPCS is a class B felony that carries a possible sentence of up to nine years in state prison. Examples of class B felonies include possession of heroin, cocaine, and any other narcotic drug that the defendant intends to sell.
  • Fourth-degree CPCS: Fourth-degree CPCS is a class C felony that carries a possible sentence of up to five and a half years in state prison. Examples of class C felonies include possession of heroin, cocaine, and any other narcotic drug of an aggregate weight of at least one-eighth of an ounce.
  • Fifth-degree CPCS: Fifth-degree CPCS is a class D felony that carries a possible sentence of up to two and a half years in state prison. Examples of class D felonies include possession of a half gram or more of pure cocaine and possession of a controlled substance with the intent to sell.

CONTACT OUR NEW YORK CRIMINAL DEFENSE ATTORNEYS   

As you can see, the state of New York treats individuals who are convicted of drug possession felonies harshly. A permanent criminal record, jail or prison time, and hefty fines are just a few of the negative consequences of a conviction. Therefore, if you’re facing a drug possession felony charge in New York, you should immediately contact an experienced New York criminal defense attorney. At Barket Epstein, our experienced attorneys will ensure that you are provided with the most effective defense possible against your New York drug possession felony charge. Please contact Barket Epstein today for a consultation. 

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