New York Drug Possession Defense

Former Prosecutors Defending New York Possession Charges Since 1977

At Goldberger & Dubin, P.C., we defend people charged with controlled substance possession in New York. Our team includes three former Assistant District Attorneys who understand how prosecutors use drug type, weight, location, and alleged intent to build these cases.

No possession charge should be reduced to a label. We examine how officers found the substance, whether the prosecution can connect it to you, how the evidence was tested and handled, and whether the alleged quantity supports the charge filed.

Call (646) 681-5997 for a free, confidential consultation about your possession charge and the options available to you.

Drug Possession Charges Under New York Penal Law Article 220

Article 220 establishes six graded controlled substance possession offenses, despite the numbering running from seventh degree to first degree with no sixth-degree offense. The applicable charge depends on the substance, its aggregate weight, and, for certain offenses, evidence of intent to sell. Under this law, “sell” can include giving or disposing of a substance to another person, not only exchanging it for money.

A controlled substance is generally one listed in Schedules I through V of Public Health Law Section 3306 and includes heroin, cocaine, and certain prescription narcotics possessed without legal authorization. Cannabis is governed separately.

The possession offenses and their classifications are:

• Seventh degree: Penal Law Section 220.03 is a Class A misdemeanor covering knowing, unlawful possession of a controlled substance and carries up to 364 days in jail.
• Fifth degree: Section 220.06 is a Class D felony based on specified weight thresholds or certain allegations of intent to sell.
• Fourth degree: Section 220.09 is a Class C felony involving higher statutory quantities or specified substances.
• Third degree: Section 220.16 is a Class B felony that can apply to specified quantities or possession with intent to sell in designated circumstances.
• Second degree: Section 220.18 is a Class A-II felony involving substantial statutory quantities.
• First degree: Section 220.21 is a Class A-I felony, the most serious controlled substance possession charge, carrying a maximum sentence of life in prison and a fine of up to $100,000.

Weight thresholds differ by substance, so the same quantity can produce different charges depending on what the substance is. We scrutinize the laboratory analysis, alleged weight, packaging, surrounding property, and other evidence prosecutors cite as proof of possession or intent.

Actual & Constructive Possession Under New York Law

Actual possession means a substance was recovered from a person’s body, clothing, or belongings under that person’s immediate control. Constructive possession means prosecutors claim the accused exercised dominion or control over the place where the drugs were found, even though the substance wasn’t physically on that person.

Constructive possession allegations commonly arise from shared apartments, hotel rooms, workplaces, and vehicles. Mere presence near drugs doesn’t establish control, and the prosecution must prove knowing possession. A person who didn’t know a substance was present can’t knowingly possess it.

New York law also recognizes a presumption that can permit prosecutors to attribute drugs found in a vehicle to its occupants, subject to statutory exceptions and the facts surrounding the recovery. We examine where the substance was located, who had access to it, vehicle ownership, occupant statements, and whether another person claimed the drugs.

Penalties & Consequences of a Possession Conviction

Felony exposure varies by offense level, prior record, and applicable sentencing law. Courts can also impose fines, supervision, and treatment-related conditions as part of sentencing, and Class A felony charges carry the most serious sentencing exposure of all.

The effects don’t stop at the sentence. A conviction can create employment concerns, professional licensing problems, immigration consequences, and difficulties with housing or school. We factor in these collateral consequences when discussing defense strategy and possible resolutions because what happens outside the courtroom matters as much as what happens inside it.

Defenses to Controlled Substance Possession

Our defense starts with the prosecution’s evidence rather than assumptions about whether a case is strong or weak. We identify what must be proved, test the legality and reliability of that proof, and explain your options in plain terms.

Depending on the facts, a defense can involve:

• Challenging the search: The Fourth Amendment prohibits unreasonable searches and seizures. We examine warrants, probable cause, consent claims, traffic stops, street encounters, and searches of homes or belongings.
• Seeking suppression: A motion to suppress asks the court to exclude evidence obtained unlawfully. If critical evidence is suppressed, the prosecution may be unable to sustain some or all charges.
• Disputing knowing possession: Drugs found in a shared space don’t automatically prove that every person nearby knew about or controlled them.
• Testing the statutory charge: Laboratory results, aggregate weight, substance identity, and evidence of intent must each support the specific degree charged.
• Reviewing evidence handling: Gaps in collection, storage, testing, or chain of custody can raise legitimate questions about whether the substance offered at trial is actually the evidence allegedly recovered.

Judicial Diversion & Court-Supervised Treatment

Judicial Diversion under Criminal Procedure Law Article 216 offers treatment-focused case handling for some people charged with eligible Class B, C, D, or E felony drug offenses. Eligibility depends on the charges, criminal history, treatment needs, and statutory disqualifications, so admission isn’t automatic.

Participants typically complete court-supervised treatment, monitoring, and regular appearances. Successful completion may result in a reduced charge or dismissal. Failure to complete the program can lead to sentencing under the agreement entered before participation began.

Personal Attention Backed by Prosecutorial Insight

We’ve defended individual rights under the Constitution since 1977. Our three former Assistant District Attorneys include founding attorney Paul A. Goldberger, who served in the New York County District Attorney’s Office from 1966 through 1970. That background directly informs how we assess police paperwork, charging decisions, witness accounts, and theories of possession.

As a boutique criminal defense firm, we work together while treating each client as an individual rather than a case number. Our goal is a creative, fact-based strategy and the clear information you need to make informed decisions about your case.

Discuss Your Possession Charge Confidentially

Contact us to arrange a free, confidential consultation. We can review the allegations, explain the charge and its potential consequences, and identify factual or constitutional issues that deserve closer examination.

Call (646) 681-5997 to speak with Goldberger & Dubin, P.C. about your case.