New York Penal Law § 220.09 – Criminal Possession of a Controlled Substance in the Fourth Degree?

Criminal Possession of a Controlled Substance in the Fourth Degree is a New York law that provides enhanced penalties for anyone found in possession of a certain amount of narcotics. Like other NY drug crimes, § 220.09 is based on the weight of drugs attributed to the defendant. Criminal Possession of a Controlled Substance in the Fourth Degree is a Class C felony.

In any criminal case, the United States Constitution provides that it is the government’s burden to prove each element of a crime beyond a reasonable doubt. Elements are essentially facts that, when combined, make up the criminal offense.

The elements of Criminal Possession of a Controlled Substance in the 4^th Degree require the prosecution to prove that a defendant knowingly and unlawfully possessed one or more of the following:

1. An eighth ounce or more of any preparation, compound, mixture or substance containing a narcotic drug;
2. Two or more ounces of any preparation, compound, mixture or substance containing a narcotic preparation;
3. Any preparation containing methamphetamine – a half-ounce or more;
4. Any stimulant – one gram or more;
5. Any hallucinogen – 25 milligrams or more;
6. Any hallucinogenic substance – one gram or more;
7. Dangerous depressants – ten ounces or more;
8. Any depressant – 10 ounces or more;
9. PCP – 250 milligrams or more;
10. Methadone – 360 milligrams or more;
11. Ketamine – 4000 milligrams or more;
12. LSD – one milligram or more;
13. GHB – 200 grams or more.

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

• A defendant is arrested during a sting operation, and police officers find 2 grams of PCP when searching his home.
• Police search a driver’s car during a traffic stop to find a gram of GHB hidden within the door panel.

Given the many different drug crimes in New York, as well as their similarities, prosecutors often bring several charges against a defendant based on a single arrest. In the case of Criminal Possession of a Controlled Substance in the Fourth Degree, the following are the most common related crimes:

• Criminal Possession of a Controlled Substance in the Seventh Degree – NY Penal Law §220.03
• Criminal Possession of a Controlled Substance in the Fifth Degree – NY Penal Law §220.06
• Criminal Possession of a Controlled Substance in the Third Degree – NY Penal Law §220.16
• Criminal Possession of a Controlled Substance in the Second Degree – NY Penal Law §220.18
• 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 First Degree – NY Penal Law §220.55

There are several defenses to drug possession crimes. These defenses can 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:

• A violation of your constitutional rights leading up to your arrest.
• You did not “possess” the controlled substance.
• Challenges to the weight of the narcotics.
• Prosecutors mistakenly charged you with possession of the wrong substance.

Criminal Possession of a Controlled Substance in the Fourth Degree is a Class C felony. In New York, Class C felonies carry a sentence between one and 5.5 years in jail and a fine of up to $15,000.

If you currently face New York drug charges, it is essential that you work with an experienced criminal defense attorney to ensure your interests are protected. At Tilem & Associates, our New York drug crimes lawyers have more than 25 years of experience defending clients facing all types of felony 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.