NY Penal Law § 220.09: Criminal possession of a controlled substance in the fourth degree

by ECL Writer
NY Penal Law § 220.16: Criminal possession of a controlled substance in the third degree

In the heart of the Empire State, New York, the legal landscape is as diverse and dynamic as the city itself. Within this complex tapestry of laws and regulations, NY Penal Law § 220.09 stands as a significant statute that addresses a critical issue – the possession of controlled substances. This law plays a pivotal role in shaping how the state approaches drug-related offences, emphasizing the importance of public safety and health.

Criminal possession of a controlled substance is a serious offence in New York, and understanding the nuances of NY Penal Law § 220.09 is essential for anyone residing or conducting business within the state. This article eastcoastlaws.com delves into the key aspects of NY Penal Law § 220.09, providing insight into its purpose, penalties, and broader implications for individuals and communities.

From the types of substances covered to the potential legal consequences, we will explore the complexities of this law, shedding light on how it impacts the lives of those caught in its legal web. Whether you are a legal professional, a concerned citizen, or simply someone interested in learning about the legal framework surrounding drug offences in New York, this comprehensive guide will offer valuable insights into NY Penal Law § 220.09 and its role in the state’s criminal justice system.

To summarize, under this statute:

  • You must knowingly and unlawfully possess one of the following controlled substances:
    • Narcotics
    • Methamphetamine
    • A stimulant
    • Lysergic acid diethylamide (LSD)
    • A hallucinogen
    • A hallucinogenic
    • Methadone
    • Ketamine
    • Phencyclidine (PCP)
    • Gamma hydroxybutyric acid (GHB)
  • The statute specifies that you must possess a certain amount of the controlled substance to be prosecuted under the fourth-degree offence. If you possess less than the required amount, you could face charges under other degrees of criminal possession of a controlled substance, such as the fifth or seventh degree.

It’s important to note that drug laws can be complex and may change over time. If you or someone you know is facing drug-related charges in New York, it’s crucial to consult with an attorney who specializes in criminal defence to understand the specific circumstances and potential consequences of your case. Laws and penalties may vary, so legal advice tailored to your situation is essential.

Example

A security guard is patrolling a shopping mall when he notices a person who appears to be loitering in a store. The person isn’t behaving suspiciously, not shoplifting, and not causing any disturbance. However, the security guard finds their presence suspicious for some reason and decides to approach them. He asks the person to empty their pockets, and to the security guard’s surprise, they find a small pocketknife. The security guard detains the individual and calls the police. The person is arrested and charged with carrying a concealed weapon.

In this case, there might be a possibility that the charges against the individual could be challenged. The search and detention may be considered unlawful if it is found that the security guard lacked reasonable suspicion or probable cause to stop and search the person, even though a weapon was discovered. The legality of the search and seizure can be a crucial factor in determining whether the charges will stand in court.

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

You may contest how the police located the drugs if you are detained for illegal possession of a controlled substance in the fourth degree. Before conducting a search, the police must acquire a warrant, according to New York law. This means that either they must have a search warrant or have cause to believe that you have committed a crime. Drugs found during a search that was illegal would not be admissible in court, and your case would probably be dismissed.

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

The maximum sentence for being found guilty of criminal possession of a controlled substance in the fourth degree, which is a class C felony, is 15 years in jail. Depending on whether you have a prior felony conviction, the judge will either impose a 3 1/2 or 7-year minimum term. Additionally, a fine of up to $15,000 may be imposed on you.

New York Penal Code § 220.09: Criminal possession of a controlled substance in the fourth degree

New York State’s legal landscape is intricately woven with statutes that define various offences, including those related to the possession of controlled substances. One such statute that holds significant weight in the realm of drug-related crimes is NY Penal Law § 220.09, which deals with Criminal Possession of a Controlled Substance in the Fourth Degree. This statute outlines the conditions under which an individual can be charged with this offence, taking into account the type and aggregate weight of the controlled substance in their possession.

In a comprehensive breakdown of the statute, we will delve into the specific criteria that trigger this criminal charge, ranging from narcotic drugs and stimulants to hallucinogens and depressants. Understanding the intricacies of NY Penal Law § 220.09 is essential not only for legal professionals but also for individuals who need to be aware of the consequences associated with the unlawful possession of controlled substances in New York State. In this article, we will explore the various facets of this statute, shedding light on its implications and the potential legal repercussions it carries.

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