Criminal Possession of a Controlled Substance

Charged with Criminal Possession of a Controlled Substance?

If you’ve been charged with drug possession you face serious consequences that could impact your freedom and future. The severity of the charges ranges from a misdemeanor to a major felony, depending on the type and amount of substance involved. The Law Office of Andrew DeLuca has defended clients against drug possession charges throughout the Capital Region.

Our law firm serves clients across Upstate New York, including Albany, Amsterdam, Johnstown, Latham, Queensbury, Saratoga Springs, Schenectady, Troy, and the surrounding area.

Facing criminal sale of a controlled substance charges? Contact The Law Office of Andrew DeLuca today for a free consultation. When you call, you’ll be connected directly to Mr. DeLuca himself, not a receptionist, secretary, or junior associate.

Degrees of Criminal Possession of a Controlled Substance (CPCS)

Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03)

• Class A Misdemeanor
• Knowingly possessing any controlled substance
• Up to 1 year in jail

Criminal Possession of a Controlled Substance in the Fifth Degree (Penal Law § 220.06)

• Class D Felony
• Possession of certain amounts of controlled substances
• Intent to sell certain substances
• Up to 7 years in prison

Criminal Possession of a Controlled Substance in the Fourth Degree (Penal Law § 220.09)

• Class C Felony
• Possession of larger amounts of controlled substances
• Up to 15 years in prison

Criminal Possession of a Controlled Substance in the Third Degree (Penal Law § 220.16)

• Class B Felony
• Possession with intent to sell
• Possession of significant amounts of narcotics
• Up to 25 years in prison

Criminal Possession of a Controlled Substance in the Second Degree (Penal Law § 220.18)

• Class A-II Felony
• Possession of large amounts of controlled substances
• Up to life in prison

Criminal Possession of a Controlled Substance in the First Degree (Penal Law § 220.21)

• Class A-I Felony
• Possession of very large amounts of controlled substances
• Up to life in prison

Importance of Hiring an Experienced Drug Defense Attorney

Drug possession cases require skilled legal representation due to their complexity and serious nature. An experienced criminal defense attorney is essential to mount an effective defense in your case. Your attorney will challenge the legality of searches and seizures, question the handling and testing of evidence, and thoroughly investigate any possible constitutional violations. They can also explore treatment alternatives to incarceration and negotiate with prosecutors for reduced charges or dismissal. When necessary, they will provide aggressive representation at trial. Having knowledgeable legal counsel can make the difference between a conviction and an acquittal, or between incarceration and alternative sentencing options.