Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

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.

Example

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.

Related Offenses
  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
Defenses

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.

Sentence

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.

New York Penal Code § 220.16: Criminal possession of a controlled substance in the third degree

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.

Contact the Law Offices of Stephen Bilkis & Associates

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.

Client Reviews
★★★★★
My wife and I met under some unconventional circumstances. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. I then had his firm represented my wife and he got her out of trouble! We are still married and got our ways straightened away. We both can't thank him enough for saving our lives and our families! J.P.
★★★★★
I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. P.R.
★★★★★
I was in need of legal assistance for a very sensitive matter for a family member. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The lawyer handling our case had many years of experience and treated us as if we were his own family. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. P.A.K.
★★★★★
I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. M.B.