Criminal possession of a controlled substance 7th degree punishment ny

Q: What is the maximum punishment for a misdemeanor in New York?

Upon conviction of a Class A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individuals gain from the crime may be imposed.

Drug Possession cases in New York are serious. If you possess any controlled substance whatsoever (no matter how little the amount), you can be charged with this crime in Ithaca and surrounding communities.

Índice Show

Lawful and Unlawful Possession
Medical Emergency Exceptions
Alternative Sentencing for Criminal Possession of a Controlled Substance in the 7th Degree
How long do you go to jail for drug possession in New York?
What's with the seventh degree?
How much coke is a felony in NY?
What is the maximum punishment for a misdemeanor in New York?

Controlled substances can be cocaine, heroin, bath salts, methamphetamine, pills (not in a prescription container), concentrated cannabis (hash, etc), ketamine, and many other possible recreational or even prescription medication.

This law is violated if a person knowingly and unlawfully possesses a controlled substance. See Penal Law, s. 220.00] This is a Class A misdemeanor.

Penalties:

$0-$1000 fine
Up to 1 year in jail
Up to 3 years Probation (closely monitored community supervision & frequent drug testing)
A permanent criminal conviction (DNA sample given to police, DNA fee)
Court surcharges of $200 (city) or $205 (town)

Possession in New York can be legally found in several ways. If the police find drugs on your person due to a legal search. That is a no brainer. We would need to challenge if the police search was, in fact, legal.

However, New York has passed "presumptive possession" laws that many people are not aware of...

if you are in a room containing drugs, you can be presumed to "possess" them legally, and we would need to fight the charge in a criminal case to convince the Judge and Prosecutor that the drugs are not yours
if you are in the passenger compartment of a car and drugs are found, then you are presumed to legally "possess" them, and we would need to fight the charge in a criminal case to convince the Judge and the Prosecutor that the drugs are not yours

There are many ways to defend a possession case. Given the serious penalties associated with drug possession in New York, it is always in a Defendant's best interest to hire a local criminal defense attorney when facing drug possession charges of any level.

If you are charged with drug possession in New York, call us: 607-229-5184

SECTION 220.03

Criminal possession of a controlled substance in the seventh degree

Penal (PEN) CHAPTER 40, PART 3, TITLE M, ARTICLE 220

§ 220.03 Criminal possession of a controlled substance in the seventh

degree.

A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully possesses a
controlled substance; provided, however, that it shall not be a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on a hypodermic
syringe or hypodermic needle; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of this article,
for either another person or him or herself because such person is
experiencing a drug or alcohol overdose or other life threatening
medical emergency as defined in paragraph (a) of subdivision three of
section 220.78 of this article.

Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.

October 10, 2018

Criminal possession of a controlled substance in the 7th degree is a crime that occurs when an individual is found to possess a relatively small amount of an illicit substance. Individuals are more likely to be charged with possession in the 7th degree if they are drug users who buy only enough for personal use. Distributors will often be arrested while possessing a larger amount of an illicit substance than falls under this law.

Criminal possession of a controlled substance in the 7th degree is a class A misdemeanor. This means it can result in imprisonment for a period of up to one year. A conviction for a class A misdemeanor can also be accompanied by a fine of up to $1,000 and a driver’s license suspension.

If you have been charged with criminal possession of a controlled substance in the 7th degree, contact a trusted attorney as soon as you can.

Lawful and Unlawful Possession

There are two major exceptions to the law on possession of a controlled substance in the 7th degree. The first exception is when an individual possesses a trace amount of a controlled substance in a hypodermic syringe—under strictly defined circumstances.

If an individual possesses a residual amount of a controlled substance in a needle obtained from one of the State’s syringe exchange and access programs, it’s not a violation of this law.

Medical Emergency Exceptions

The second major exception is in the case of medical emergencies. The State of New York wants people to be able to seek medical care in emergencies, without having to be afraid that by doing so they might incriminate themselves. That’s why it’s not a violation if the controlled substance possession is discovered as a result of seeking medical care for oneself or for another individual who has overdosed.

Alternative Sentencing for Criminal Possession of a Controlled Substance in the 7th Degree

One possible alternative to jail time in a case of this kind involves the Drug Courts. In some situations, an individual will be given the option of pleading guilty to the charges in exchange for a reduced sentence and a program in the Drug Courts, which can ultimately result in dismissal of the charges and a clean record.

The purpose of the Drug Courts is to help reduce drug crimes through education and to help non-violent addicted drug offenders learn to live without the substances they’ve come to be dependent on. This includes treatment, therapy, and a contract the offender signs whereby they agree to the process. If you are arrested on a drug charge, ask an attorney whether the Drug Courts are a possibility.

Contact Us

Since 2014, the Law Office of Michael D. Litman has been representing the criminal defense needs of the citizens of White Plains, Westchester County, and the New York Metro area. With attorney Michael Litman defending his clients since 2007, we have the knowledge and the experience to help with all your drug charges.

If you have questions or need to set up a consultation, contact us online or call us today at (914) 268-6855. Our firm will work with you from the arraignment all the way through the trial of your seventh-degree criminal possession of a controlled substance case.

How long do you go to jail for drug possession in New York?

New York drug possession penalties can be as little as a misdemeanor which is up to one year in jail. The penalties could also be as much as a C felony which is multiple years in state prison. An individual can be forced to go into probation, to be monitored, to need rehabilitation.

What's with the seventh degree?

This charge is the lowest level of drug possession crime in New York State. Typically, you will be charged with seventh-degree possession of a controlled substance if you have small amounts of drugs like cocaine, ecstasy, or heroin.

How much coke is a felony in NY?

Criminal possession of cocaine in the 1st degree (New York State Penal Law § 220.21) An arrest for possession of 8 ounces or more of cocaine or a cocaine mixture is classified as criminal possession in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison.

What is the maximum punishment for a misdemeanor in New York?

Upon conviction of a Class “A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individual's gain from the crime may be imposed.