Step into the world of legal statutes and discover the formidable weapon in New York’s arsenal against drug offenses. NY Penal Law § 220.18, also known as “Criminal Possession of a Controlled Substance in the Second Degree,” embodies the state’s commitment to combating the illicit drug trade and protecting its citizens from the devastating consequences of substance abuse. As we all know, drugs killed hundreds of thousands of New Yorkers of all ages every year.
This law stands as a guardian against those who seek to possess a significant quantity of controlled substances, such as narcotics, hallucinogens, or stimulants, with the intent to distribute or sell them. It recognizes the grave threat that the uncontrolled flow of these substances poses to public health, safety, and the well-being of communities across the state.
With the stroke of a pen, NY Penal Law § 220.18 empowers law enforcement to take a firm stand against drug-related criminal activity. It serves as a deterrent, sending a clear message that the possession of a large quantity of illegal drugs will not go unpunished.
However, behind the legal jargon lies a deeper purpose. The law seeks to address the root causes of addiction, recognizing that behind every possession charge lies a potential opportunity for rehabilitation. By targeting those who possess significant quantities of controlled substances, it aims to disrupt the supply chain and dismantle the networks that perpetuate drug abuse.
With a deep understanding of the law and a commitment to achieving the best possible outcomes for our clients, at Ilganayev Law Firm, PLLC we offer a comprehensive range of legal services tailored to your unique needs. Our team of skilled attorneys combines their expertise with a compassionate approach, ensuring that you receive the personal attention and support you deserve.
At our firm, we believe that communication is key. We pride ourselves on maintaining open and transparent lines of communication with our clients, keeping you informed and involved throughout the entire legal process. We understand the importance of timely updates and prompt responses, ensuring that you always feel supported and empowered. Contact us today to schedule a consultation and discover how our dedicated team of attorneys can help you navigate the legal landscape with confidence and peace of mind.
What does the charge of criminal possession of a controlled substance in the second degree entail?
In New York Penal Law, the charge of criminal possession of a controlled substance in the second degree entails knowingly and unlawfully possessing certain quantities of controlled substances.The specific substances and quantities vary depending on the type of drug involved
Under New York Penal Code § 220.18, the offense of criminal possession of a controlled substance in the second degree is committed when an individual knowingly and unlawfully possesses specific quantities of drugs. These quantities include:
- Narcotics weighing at least 4 ounces,
- Methamphetamine weighing at least 2 ounces,
- A stimulant weighing at least 10 grams,
- Lysergic acid diethylamide (LSD) weighing at least twenty-five milligrams,
- A hallucinogen weighing at least 625 milligrams,
- A hallucinogenic substance weighing at least 25 grams, or
- Methadone weighing at least 2,880 milligrams.
It is important to note that an individual can be prosecuted for this crime even if the drugs are not found directly on their person. If the drugs are discovered in a location that the individual controls, such as their car or home, they can still face charges. However, it is crucial that the individual had knowledge of the drugs’ presence
Examples
1:During a routine search at a border crossing, a vehicle is found to contain a hidden compartment with a large quantity of heroin. The driver of the vehicle can be charged with criminal possession of a controlled substance in the second degree due to the type and quantity of drugs found.
2: Law enforcement officers execute a search warrant at a residence and discover a significant amount of methamphetamine in a bedroom closet. The occupant of the residence can be charged with criminal possession of a controlled substance in the second degree based on the presence and quantity of the drugs.
3: During a routine traffic stop, an individual is found to have a backpack containing a substantial amount of cocaine. The person can be charged with criminal possession of a controlled substance in the second degree due to the type and quantity of drugs found in their possession.
These examples highlight scenarios where individuals can be charged with the offense based on the type and quantity of controlled substances found in their possession. It is important to note that each case is unique, and the specific circumstances can vary, so it is advisable to consult legal professionals for guidance tailored to a particular situation.
What are some of the defenses that you can raise?
When facing charges for criminal possession of a controlled substance in the second degree under NY Penal Law § 220.18, there may be various defenses that can be raised. It’s important to consult with a legal professional to assess the specific circumstances of the case and determine the best defense strategy. Here are some potential defenses that could apply:
- Lack of knowledge: The defense may argue that the accused had no knowledge of the presence of the controlled substance and, therefore, did not intentionally possess it.
- Illegal search and seizure: If law enforcement conducted an unlawful search or seizure, violating the accused’s Fourth Amendment rights, evidence obtained during that search may be suppressed and deemed inadmissible in court.
- Unlawful arrest: If the arrest itself was unlawful, the defense may challenge the legality of the arrest, potentially resulting in the exclusion of evidence or even dismissal of the charges.
- Mistaken identity: If there is evidence to suggest that the accused was mistakenly identified as the person in possession of the controlled substance, the defense may present witnesses or other evidence to support this claim.
- Invalid chain of custody: The defense may challenge the prosecution’s ability to establish a valid chain of custody for the controlled substance, raising doubts about the integrity and reliability of the evidence.
- Medical necessity: In rare cases, if the accused was in possession of a controlled substance for legitimate medical purposes under the supervision of a licensed medical professional, a medical necessity defense may be raised.
It’s important to remember that the availability and success of these defenses may vary depending on the specific facts and circumstances of the case.
Punishment
The punishment for NY Penal Law § 220.18: Criminal possession of a controlled substance in the second degree can vary depending on the specific circumstances and the individual’s prior criminal history. However, it is classified as a class A-II felony 12, which is one of the most serious crimes in the New York Penal Code 34.
If convicted, the potential penalties include:
- Minimum Sentence: The minimum sentence for this offense is typically 3 to 8 years of imprisonment.
- Maximum Sentence: The maximum sentence is life imprisonment, which means the individual could potentially spend the rest of their life in prison.
- Fine: In addition to the prison sentence, a fine of up to $50,000 can be imposed.
Being classified as a class A-II felony, criminal possession of a controlled substance in the second degree stands as one of the gravest offenses in the New York Penal Code.
The minimum sentence, on the other hand, would be 3-8 years of incarceration. The specific sentence imposed will be influenced by various factors, including the individual’s prior criminal record.
Possible FAQs related to NY Penal Law § 220.18: Criminal possession of a controlled substance in the second degree:
Q: What does NY Penal Law § 220.18 refer to?
A: NY Penal Law § 220.18 pertains to the offense of criminal possession of a controlled substance in the second degree.
Q: What constitutes criminal possession of a controlled substance in the second degree?
A: Criminal possession of a controlled substance in the second degree occurs when an individual knowingly possesses a controlled substance in a specified quantity or under certain circumstances outlined in the statute.
Q: What are the penalties for criminal possession of a controlled substance in the second degree?
A: The penalties for this offense can vary 32, but it is classified as a class A-II felony, which is one of the most serious crimes in the New York Penal Code 1. Possible penalties include a minimum sentence of 3 to 8 years in prison, a maximum sentence of life imprisonment, and a fine of up to $50,000.
Q:What qualifies as a controlled substance under this law?
A: The term “controlled substance” refers to drugs classified as illegal or regulated substances under the New York State Controlled Substance Act. Examples include cocaine, heroin, methamphetamine, and certain prescription medications.
Q: Can I be charged with this offense if the controlled substance was not mine?
A:It is possible to be charged with criminal possession of a controlled substance in the second degree even if the substance was not directly in your possession. If you had knowledge of the substance’s presence and exercised control over it, you could still be held accountable.
Q: Are there any defenses available for this charge?
A: Possible defenses may include challenging the legality of the search and seizure, disputing the ownership or knowledge of the controlled substance, or questioning the accuracy of the lab test results. An experienced criminal defense attorney can assess the circumstances and advise on potential defenses.
A: Yes, it is possible to face charges for both possession and intent to sell a controlled substance if the circumstances support such allegations. The specific charges will depend on the evidence and the prosecutor’s discretion.
Q: Can I face additional charges if I have a prior criminal record?
Q: Can I be charged with both possession and intent to sell?
A: Yes, having a prior criminal record, especially for drug-related offenses, can result in enhanced penalties if convicted. Prior convictions may be considered during sentencing and can potentially lead to more severe consequences.
Q: Is there a statute of limitations for this offense?
A:The statute of limitations for criminal possession of a controlled substance in the second degree in New York is generally five years. However, certain circumstances may extend or toll this time period, so it’s best to consult with an attorney to understand the specific limitations in your case.
Q: What factors influence the sentence for this offense?
A: The specific sentence imposed will depend on various factors, such as the details of the case, the individual’s prior criminal record, and any aggravating or mitigating circumstances.
Q: Can the charge be challenged based on the quantity of drugs involved?
A: It is possible to challenge the charge based on the specific quantities of drugs found, as the statute may have specific requirements regarding the amount of each drug necessary to constitute the offense.
Q: What should I do if I am facing charges related to criminal possession of a controlled substance in the second degree?
A: If you are facing charges it is crucial to consult with a qualified attorney who specializes in criminal defense to understand your rights, explore possible defenses, and receive guidance on how to navigate the legal process effectively.
For more information and to read our other blog posts, click here!
ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.