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

You will have committed the crime of criminal possession of a controlled substance in the third degree under New York Penal Code § 220.16 if you knowingly and unlawfully possess drugs narcotics or specified amounts of other specific types of controlled substances with the intent to sell. You will also face a charge of criminal possession of a controlled substance in the third degree if you possess specified amounts of the same controlled substances, but no intent to sell is required. To face prosecution for this crime it is not necessary that the police find the drugs on your person. It would be enough that they find them in your car, your home or some other place that you controlled. However, it is necessary that you knew about the drugs.

The police notice a car speeding and pulls it over. The man driving has a suspended license and outstanding traffic violations. Upon searching the man's car the police discover several packets of meth. The police arrest the man. If the amount meth meets the requirements of the statute the man could be prosecuted for criminal possession of a controlled substance in the third degree.

1. Criminal sale of a controlled substance in the third degree: New York Penal Law § 220.39
2. Criminally possessing a hypodermic instrument: New York Penal Code § 220.45
3. Criminal Injection of a Narcotic Drug: New York Penal Law § 220.48

If you are arrested for criminal sale of a controlled substance in the third degree you can challenge the charge based on the amount of drugs found in the incident. If the amount of the drug is less than the amount required by the statute, the prosecutor will have no choice but to drop the charge.

Another defense would attack the method the police used to find the drugs. In order to conduct a search the police must have probable cause. If the search was unlawful, anything which the search produce, including drugs would be inadmissible in court and your case would likely be dismissed.

Criminal possession of a controlled substance in the third degree is classified as a class B felony. This means that if you are convicted, you will be sentenced to up to 25 years in prison. If you have no prior felony convictions, then the minimum prison sentence will be 5 years, while if you have a prior conviction the minimum prison sentence will be 10 years. In addition, you may be required to pay a fine of up to $30,000.

A person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:

1. a narcotic drug with intent to sell it; or

2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or

3. a stimulant with intent to sell it and said stimulant weighs one gram or more; or

4. lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more; or

5. a hallucinogen with intent to sell it and said hallucinogen weighs twenty-five milligrams or more; or

6. a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more; or

7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or

8. a stimulant and said stimulant weighs five grams or more; or

9. lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more; or

10. a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more; or

11. a hallucinogenic substance and said hallucinogenic substance weighs five grams or more; or

12. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or

13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more.

An arrest for a drug offense puts your future in jeopardy as you could end up in jail away from your family and friends for several years. In addition, even if you are not sentenced to years and years of prison, you may be faced with a steep fine. Because of these possible consequences, if you have been charged with a controlled substance offense you should immediately contact a lawyer who has experience defending those accused of drug offenses. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.