New York Penal Law § 220.06 – Criminal Possession of a Controlled Substance in the Fifth Degree

Criminal Possession of a Controlled Substance in the Fifth Degree is one of many New York laws. More specifically, Criminal Possession of a Controlled Substance in the Fifth Degree proscribes the possession and possession for sale of controlled substances. Criminal Possession of a Controlled Substance in the Fifth Degree is a Class D felony.

The applicability of any NY drug crime can be difficult to determine, given the state’s complex laws. Thus, the assistance of an experienced NY criminal defense attorney is highly recommended for anyone facing these serious charges.

In any criminal case, the United States Constitution requires that the government prove a criminal case beyond a reasonable doubt. To do this, the prosecution must prove each element of each offense beyond a reasonable doubt.

The elements of Criminal Possession of a Controlled Substance in the Fifth Degree require the prosecution to prove that a defendant knowingly and unlawfully possessed one or more of the following:

1. Any controlled substance with the intent to sell it;
2. A half-ounce or more of any preparation, compound, mixture or substance containing a narcotic preparation;
3. PCP - 50 milligrams or more;
4. Cocaine - 500 milligrams or more;
5. Any preparation containing GHB - 28 grams or more;
6. Ketamine - 1000 milligrams or more, and
7. Any amount of ketamine if the defendant has a prior conviction for possession of ketamine.

Examples of Criminal Possession of a Controlled Substance in the Fifth Degree include:

• A defendant is arrested after being observed selling any controlled substance, such as heroin, cocaine, prescription painkillers, Xanax, etc.
• Police search a driver’s car during a traffic stop to find a kilogram of cocaine hidden within the door panel.
• A man with a prior conviction for possession of ketamine is arrested with a small amount of the drug.

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 Fifth Degree, the following are the most common related crimes:

• Criminal Possession of a Controlled Substance in the Sixth Degree – NY Penal Law §220.03
• 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
• 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

There are several defenses to drug possession or possessing drugs with the intent to sell. These defenses can either reduce your sentencing exposure, result in the prosecution withdrawing the case against you or put doubt in the minds of the jury, prompting a “not guilty” verdict.

The most common defenses include the following:

• Police officers violated your constitutional rights leading up to your arrest.
• You did not “possess” the controlled substance (it belonged to another person who was in the same car or shared a home with the defendant).
• Prosecutors mistakenly charged you with possession of the wrong substance.

Criminal Possession of a Controlled Substance in the Fifth Degree is a Class D felony. In New York, Class D felonies carry a sentence between one and 2.5 years in jail and a fine of up to $5,000 or three times the amount of money you gained by committing the offense.

If you were recently arrested for possession of narcotics for sale in New York, your future depends on the outcome of your case. 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.