Criminal Possession Controlled Substance

The Criminal Defense Lawyers at Jeannie D. Michalski can help with charges of Criminal Possession of a Control Substance

From our offices in Brighton and Avon, New York, we have defended dozens of clients against Criminal Possession of a Controlled Substance as well as Criminal Sale of a Controlled Substance charges across the four counties we serve: Livingston, Monroe, Ontario, and Genesee.

We start defending these cases by taking a close look at the charge, and a close look at the evidence. So-called “designer drugs” are often ahead of the law, and sometimes the alleged “illegal drug” possessed by our client isn’t illegal at all. In other instances we find that the weight of the drug alleged by the police is simply inaccurate. We also look to make sure that police found the drugs lawfully – we review searches and seizures made by police constantly, and we are experienced at finding issues that could get evidence presented against our clients kept out of trial.

To discuss your options, call the Rochester and Geneseo drug defense attorneys at Jeannie D. Michalski today. (585) 351-2500.

Criminal Possession of a Controlled Substance charges come in six different degrees, from an A Misdemeanor to a Class A-I Felony, described below:

OffenseWhat is it?Penalties
PL § 220.03, CPCS 7th, Class A MisdemeanorKnowingly and unlawfully possessing a controlled substance.Up to one year in jail, 3 years probation. DNA sample and $50 fee required. Fine up to $1,000 and mandatory state surcharge up to $205.
PL § 220.06, CPCS 5th, Class D FelonyKnowingly and unlawfully possessing a controlled substance: (1) with intent to sell; or
(2) narcotics weighing 1/2 ounce or more; or
(3) 50 mg or more of PCP; or
(4) concentrated cannabis with a weight of 1/4 ounce or more; or
(5) 500 mg or more of cocaine; or
(6) ketamine (Special K) weighing more than 1 gram; or
(7) ketamine and has previously been convicted of possession or attempted possession of ketamine; or
(8) 28 grams or more of gamma hydroxybutyric acid (GHB).
Probation of 5 years, or a definite sentence of 1 year or less, or shock incarceration for eligible inmates, or 1 – 2 ½ years in state prison plus 1 year post-release supervision. DNA sample and $50 fee required. Fine up to $5,000 and mandatory state surcharge up to $325.
PL § 220.09, CPCS 4th, Class C FelonyKnowingly and unlawfully possessing:
(1) narcotic drug weighing 1/8 ounce or more; or
(2) methamphetamine weighing ½ ounce or more; or
(3) narcotic preparation weighing 2 ounces or more; or
(4) a stimulant weighing 1 gram or more; or
(5) LSD weighing 1 milligram or more; or
(6) a hallucinogen weighing 25 milligrams or more; or
(7) a hallucinogenic substance weighing 1 gram or more; or
(8) 10 onces or more of a dangerous depressant; or
(9) 2 pounds or more of a depressant; or
(10) concentrated cannabis weighing 1 ounce or more; or
(11) PCP weighing 250 mg or more; or
(12) methadone weighing 36 mg or more; or
(13) PCP weighing 50 mg or more with intent to sell and a prior conviction under Article 220; or
(14) 4 grams or more of ketamine; or
(15) 200 grams or more of GHB.
Probation of 5 years, or a definite sentence of 1 year or less, or shock incarceration for eligible inmates, or 1 – 5 ½ years in state prison plus 1 – 2 years post-release supervision. DNA sample and $50 fee required. Fine up to $15,000 and mandatory state surcharge up to $325.
PL § 220.16, CPCS 3rd, Class B FelonyKnowingly and unlawfully possessing:
(1) a narcotic drug with intent to sell; or
(2) a stimulant, hallucinogen, hallucinogenic substance, or LSD, with intent to sell and a previous conviction of an offense in Article 220; or
(3) 1 gram or more of a stimulant with intent to sell; or
(4) 1 milligram or more of LSD with intent to sell; or
(5) 25 mg or more of a hallucinogen with intent to sell; or
(6) 1 gram or more of a hallucinogenic substance with intent to sell; or
(7) 1/8 ounce or more of substances containing methamphetamine with intent to sell; or
(8) a stimulant and said stimulant weighs five grams or more; or
(9) 5 milligrams or more of LSD; or
(10) 250 mg or more of a hallucinogen; or
(11) 5 grams or more of a hallucinogenic substance; or
(12) ½ ounce or more of substances containing a narcotic drug; or
(13) 250 mg or more of PCP.
Probation of 5 years, or a definite sentence of 1 year or less, or shock incarceration for eligible inmates, or 1 – 9 years in state prison plus 1 – 2 years post-release supervision. DNA sample and $50 fee required. Fine up to $30,000 and mandatory state surcharge up to $325.
PL § 220.18, CPCS 2nd, Class A-II FelonyKnowingly and unlawfully possessing:
(1) 4 ounces or more of substances containing a narcotic drug weighing; or
(2) 2 ounces or more of substances containing methamphetamine; or
(3) 10 grams or more of a stimulant; or
(4) 25 mg or more of LSD; or
(5) 25 mg or more of a hallucinogen; or
(6) 25 grams of a hallucinogenic substance; or
(7) 2,880 mg of methadone.
Life probation, or 3 - 10 years in state prison plus 5 years post-release supervision. DNA sample and $50 fee required. Fine up to $50,000 and mandatory state surcharge up to $325.
PL § 220.21, CPCS 1st, Class A-I FelonyKnowingly and unlawfully possessing:
(1) 8 ounces or more of substances containing a narcotic drug; or
(2) 5,760 mg of methadone.
8 - 20 years in state prison plus 5 years post-release supervision. DNA sample and $50 fee required. Fine up to $100,000 and mandatory state surcharge up to $325.

The sentences outlined in the chart above do not consider two alternatives to incarceration that are available to people convicted of either a marijuana related offense under Penal Law Article 220, or a controlled substance related offense under Penal Law Article 221. Those alternatives are called “Shock Incarceration,” commonly called “Shock” (Corr. Law Article 26-A §§ 865-867, and comprehensive alcohol and substance abuse treatment, also referred to as “ASAT.” Both of these programs can result in early release, and we have dedicated pages on this site to these sentence alternatives.

If you have been charged with Criminal Possession of a Controlled Substance, call Jeannie D. Michalski. Our narcotics defense attorneys have the experience to defend you and to mitigate the fallout from any errors in judgment you may have had. Our number is (585) 351-2500. Call us today.