New York Penal Law § 220.03 – Criminal Possession of a Controlled Substance in the Seventh Degree?

Criminal Possession of a Controlled Substance in the Seventh Degree is one of many New York laws making the possession of certain controlled substances illegal. In particular, Criminal Possession of a Controlled Substance in the Seventh Degree is the crime used for the knowing and unlawful possession of any controlled substance. Although the statute doesn’t mention the term “personal use,” § 220.03 applies when prosecutors do not believe the defendant possessed the substance for sale. Criminal Possession of a Controlled Substance in the Seventh Degree is a Class A misdemeanor.

Under the United States Constitution, it is the government’s burden to prove a criminal case beyond a reasonable doubt. To do this, the prosecution must prove every element of a crime.

The elements of Criminal Possession of a Controlled Substance in the Seventh Degree are:

• The defendant possessed a controlled substance;
• The defendant’s possession was knowing and unlawful;
• The substance was not a residual amount of a controlled substance; and
• The discovery of the substance was not in relation to the defendant seeking medical care for themselves or another person out of fear of an overdose.

Examples of Criminal Possession of a Controlled Substance in the Seventh Degree include any situation where a defendant is arrested with any controlled substances, including:

• Heroin,
• Methamphetamine,
• Cocaine,
• Crack,
• PCP,
• GHB,
• Fentanyl,
• Prescription painkillers,
• Xanax, or
• Any other prescription drug or controlled substance.

While every case is different, prosecutors often bring several charges against a defendant based on a single course of conduct. In the case of Criminal Possession of a Controlled Substance in the Seventh Degree, the following are the most common related crimes:

• Criminally Possessing a Hypodermic Instrument – NY Penal Law §220.45
• Criminally Using Drug Paraphernalia in the Second Degree – NY Penal Law §220.50
• Criminally Using Drug Paraphernalia in the First Degree – NY Penal Law §220.55
• Criminal Possession of a Controlled Substance in the Fifth Degree – NY Penal Law §220.06
• Criminal Possession of a Controlled Substance in the Fourth Degree – NY Penal Law §220.09
• Criminal Possession of a Controlled Substance in the Third Degree – NY Penal Law §220.16
• Criminal Sale of a Controlled Substance in the Fifth Degree – NY Penal Law §220.31
• Criminal Sale of a Controlled Substance in the Fourth Degree – NY Penal Law §220.34
• Criminal Sale of a Controlled Substance in the Third Degree – NY Penal Law §220.39
• Criminal Sale of a Controlled Substance in the Second Degree – NY Penal Law §220.41

There are several defenses to Criminal Possession of a Controlled Substance in the Seventh Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• Police officers violated your rights leading up to your arrest;
• You did not “possess” the controlled substance;
• Prosecutors mistakenly charged you with possession of the wrong substance;
• You were seeking medical attention for yourself or another person due to concerns of an overdose; or
• You only possessed a “residual” amount of the substance.

Criminal Possession of a Controlled Substance in the Seventh Degree is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to 1 year in jail and a fine of up to $1,000.

If you were recently arrested for a drug crime in New York, it is important you act quickly to bring an experienced NY criminal defense attorney onto your team. While Criminal Possession of a Controlled Substance in the Seventh Degree is a misdemeanor, a conviction can have a lasting impact on your life, which will likely make it harder to obtain employment or go back to school. At Tilem & Associates, our New York drug crimes lawyers have more than 25 years of experience defending clients facing all types of felony and misdemeanor drug crimes and know what it takes to ensure your case ends with the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.