Criminal Possession of a Controlled Substance
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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 Amsterdam, Johnstown, Gloversville, Saratoga Springs, Clifton Park, Queensbury, Glens Falls, Fort Edward, Granville, 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.
Call Attorney Andrew DeLuca today for a free consultation.
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Degrees of Criminal Possession of a Controlled Substance (CPCS)
The prison ranges below are the maximums for a first-time felony drug offender under New York's determinate sentencing laws. A person with prior felony convictions faces higher maximums.
Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03)
- Class A Misdemeanor
- Knowingly possessing any controlled substance
- Up to 364 days 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 2.5 years in prison for a first offense
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 5.5 years in prison for a first offense
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 9 years in prison for a first offense
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 10 years in prison for a first offense
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 20 years in prison for a first offense
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.
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When you call you'll be connected directly to Mr. DeLuca, not a receptionist or junior associate.
Why Choose The Law Office of Andrew DeLuca?
Attorney Andrew DeLuca brings extensive experience in defending clients against drug possession charges. Our firm is committed to providing:
Aggressive Defense Strategies: We meticulously investigate every aspect of your case to build the strongest possible defense.
Trial Experience – Unlike many attorneys, Mr. DeLuca has wide ranging experience in taking cases to trial and successfully defending clients. This brings two key advantages. Prosecutors know that attorney Andrew DeLuca will go to trial if necessary, which gives Mr. DeLuca an edge while negotiating a plea bargain. When a fair and equitable is not offered by the court, you can count on an experienced trial lawyer to have your back.
Personalized Attention: As a solo practitioner, Mr. DeLuca personally handles every detail of your case.
Free Consultations: We offer consultations to discuss your case and explore your options.
Contact an Experienced Drug Defense Attorney
A drug possession conviction has severe consequences that can affect every aspect of your life. Beyond prison time and substantial fines, you may face a permanent criminal record, loss of professional licenses, and significant difficulties with housing and employment. For non-citizens, there may also be serious immigration consequences.
Many possession cases in this region start as traffic stops on the Northway through Saratoga County or the Thruway through Montgomery County, where the legality of the stop and search is often the whole case. For an overview of all drug charges, diversion options, and how these cases move in the local courts, see the drug crimes defense hub.
The Law Office of Andrew DeLuca accepts clients from Montgomery County, Fulton County, Saratoga County, Warren County, Washington County, and the surrounding Upstate New York area.
Call The Law Office of Andrew DeLuca at 518-245-9109 to schedule your free consultation.
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