NY Penal Law § 220.06: Criminal possession of a controlled substance in the fifth-degree

by ECL Writer
Criminal possession of a controlled substance in the fifth-degree

In the complex and ever-evolving landscape of criminal law, New York State stands as a unique jurisdiction with its own set of statutes and regulations. Among them, NY Penal Law § 220.06 holds a significant place, addressing a critical aspect of criminal behaviour—controlled substances. This statute outlines the legal framework for one of the most pressing issues in society today: the possession of controlled substances, an offence that can have severe consequences for those found guilty.

NY Penal Law § 220.06 pertains specifically to “Criminal Possession of a Controlled Substance in the Fifth Degree,” a charge that is all too common in New York. It raises questions about what constitutes criminal possession, what substances are considered controlled, and the penalties associated with such violations. In this article, we will delve deep into the intricacies of NY Penal Law § 220.06, providing a comprehensive understanding of the legal elements, potential consequences, and the broader societal impact of this statute. Whether you are a legal professional, a concerned citizen, or someone seeking clarity on this legal issue, this article aims to shed light on a crucial aspect of New York’s criminal justice system.

Criminal possession of a controlled substance in the fifth-degree

Criminal possession of a controlled substance in the fifth degree is a drug-related offence outlined in the New York Penal Code. This charge is one of several drug possession charges, and it hinges on the possession of a specific minimum quantity of certain drugs, with the required amount varying depending on the type of drug involved. Under New York Penal Code § 220.06, the prohibited substances include narcotic preparations, phencyclidine, cannabis, cocaine, ketamine, or preparations containing gamma-hydroxybutyric acid.

To be charged with this offence, you must be found in possession of one of the listed drugs in an amount that meets the statutory requirement for that particular substance. Additionally, you can also face prosecution under this statute if you are discovered in possession of any controlled substance, regardless of the quantity, with the intent to sell it.

In essence, this law aims to criminalize the possession of specific drugs in specified quantities or any controlled substance with the intent to distribute, reflecting New York’s regulations regarding drug possession and distribution. Violating this statute can result in criminal charges and potential legal consequences.

Example Of Criminal possession of a controlled substance in the fifth-degree

Imagine you are at a friend’s house, and your friend is known for engaging in illegal activities. During your visit, the police show up with a search warrant for your friend’s house. While conducting the search, they found a hidden stash of stolen electronics in one of the rooms. Your friend is arrested for possession of stolen property. In this case, even though you were present in the house, it would be more challenging for you to be prosecuted for the stolen goods since they were found in your friend’s possession, not yours.

Criminal possession of a controlled substance in the fifth-degree Defences

If you are arrested for criminal possession of a controlled substance in the fifth degree in New York, you have the opportunity to challenge the legality of the police’s method for discovering the drugs. New York law mandates that police officers must have probable cause or a valid search warrant before conducting a search. Probable cause means they must have a reasonable suspicion that you have committed a crime. For instance, they cannot lawfully pull you over if you are not violating any traffic laws and there is no other reasonable suspicion of criminal activity. If they do conduct an unlawful search and discover drugs in your vehicle or on your person, it could significantly weaken the prosecutor’s case, and there’s a good chance that the charges against you may be dismissed. Challenging the legality of the search is a common defence strategy in drug possession cases.

Criminal possession of a controlled substance in the fifth-degree Sentence

The maximum sentence for being found guilty of illegal possession of a controlled substance in the fifth degree, which is a Class D felony, is 7 years in jail. Your specific punishment will be determined by a number of variables, including your criminal past. Your sentence will be longer if you have previously been convicted of a crime than if this is your first offence.

New York Penal Code § 220.06: Criminal possession of a controlled substance in the fifth degree

  • Possession with Intent to Sell: A person is guilty of this offence if they knowingly and unlawfully possess a controlled substance with the intent to sell it.
  • Narcotic Preparation: If a person possesses one or more preparations, compounds, mixtures, or substances containing a narcotic preparation, and the aggregate weight of these substances is one-half ounce or more, they can be charged with this offence.
  • Phencyclidine (PCP): Possession of phencyclidine (PCP) weighing fifty milligrams or more can result in this charge.
  • Concentrated Cannabis: If a person possesses one or more preparations, compounds, mixtures, or substances containing concentrated cannabis, as defined by the law, and the aggregate weight is one-fourth ounce or more, they can be charged.
  • Cocaine: Possession of cocaine weighing five hundred milligrams or more can lead to this charge.
  • Ketamine: Possession of ketamine weighing more than one thousand milligrams can result in this charge. Additionally, if a person has a prior conviction for possession or attempted possession of any amount of ketamine, they can be charged under this provision.
  • Gamma Hydroxybutyric Acid (GHB): Possession of one or more preparations, compounds, mixtures, or substances containing gamma-hydroxybutyric acid (GHB), with an aggregate weight of twenty-eight grams or more, can lead to this charge.

It’s important to note that specific penalties and legal consequences for criminal possession of a controlled substance in the fifth degree can vary depending on the jurisdiction and the circumstances of the case. Legal advice from an attorney is recommended if you or someone you know is facing such charges, as they can provide guidance tailored to your situation and the applicable laws in your area.

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