New York Penal Law § 220.16 – Criminal Possession of a Controlled Substance in the Third Degree?

Criminal Possession of a Controlled Substance in the Third Degree is a serious New York drug crime that provides harsh punishments for anyone possessing large amounts of certain narcotics. Like other NY drug crimes, § 220.16 kicks in when someone possesses more than a threshold amount of drugs, described in greater detail below. Criminal Possession of a Controlled Substance in the Third Degree is a Class B felony. It also can apply when a person possesses certain illegal drugs with “intent to sell”.

The elements of Criminal Possession of a Controlled Substance in the 3rd Degree require the prosecution to prove that a defendant knowingly and unlawfully possessed with the intent to sell one or more of the following:

1. Any narcotic drug.
2. A stimulant, hallucinogen, hallucinogenic substance, or LSD (if the defendant has a prior drug conviction).
3. Any stimulant in an amount of one gram or more.
4. Any hallucinogen in an amount of one gram or more.
5. Any hallucinogenic substance in an amount of 25 milligrams or more.

Additionally, the law applies in certain situations where the defendant does not have the intent to sell the drugs, provided they possessed more than the threshold amount.

1. Any substance containing methamphetamine - one-eighth ounce or more.
2. Stimulants – five grams or more.
3. Hallucinogens – 125 milligrams or more.
4. Any hallucinogenic substance – five grams or more.
5. Any compound containing a narcotic drug – 50 milligrams or more.
6. PCP – 1,250 milligrams or more.

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

• 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 Second Degree – NY Penal Law §220.18
• Criminal Possession of a Controlled Substance in the First Degree – NY Penal Law §220.21
• 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
• Criminal Sale of a Controlled Substance in the First Degree – NY Penal Law §220.43

Drug crimes have many defenses. Depending on the defense and the specific facts at issue, a defense 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.
• You possessed less than the threshold amount of the specific narcotic.
• Insufficient evidence that you possessed the controlled substance with the intent to sell it.
• Prosecutors mistakenly charged you with possession of the wrong substance.

Criminal Possession of a Controlled Substance in the Third Degree is a Class B felony. In New York, Class B felonies carry a maximum sentence between one to nine years in jail and a fine of up to $30,000.

If you were recently arrested and charged with a felony drug crime, it may be hard to imagine a more serious situation. However, there are defenses to the crimes you face, and it’s essential you work with an experienced NY drug crimes lawyer who understands them. 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.