Criminal Possession and Criminal Sale of a Controlled Substance is a wide area of the law in New York State. Counties such as Westchester County, Rockland, Orange and Putnam have special task forces devoted to the investigation and arrest on various types of drug related charges. Aggressively defending a criminal drug charge in New York State is very important because the penalties are very severe.
To better understand the drug laws in New York State this page will review to types of charges that are most common in New York: Criminal Possession of a Controlled Substance and Criminal Sale of a Controlled Substance.
Criminal Possession of a Controlled Substance (CPCS) is a crime. The only misdemeanor level crime is that of CPCS in the 7th degree. The remainder of the levels of this crime is all
In order to prove the crime of Criminal Possession of a Controlled Substance in any degree the government needs to prove "beyond a reasonable doubt" that the person charged knowingly and unlawfully possessed a controlled substance.
A Controlled Substance is any substance prohibited by law such as cocaine, marijuana, heroin etc.
Possess means to have physical possession or otherwise exercise dominion or control over the controlled substance.
A person knowingly possesses a controlled substance when that person is aware that he or she is in possession of the controlled substance.
Unlawfully means that the person had no legal right to possess that controlled substance.
In order to be found guilty of this charge of Criminal Possession of a Controlled Substance all the aforementioned elements must be proven.
Criminal Sale of a Controlled Substance in all degrees are felonies.
In order to prove Criminal Sale of a Controlled Substance (CSCS) the same elements listed above but includes the additional element of "Sell" must be proven "beyond a reasonable doubt".
Sell is defined as to sell, exchange, give or dispose of to another. Sell also includes an offer or agreement to sell even of a sale does not occur, provided that, at the time of the offer or agreement, the person has the intent and ability to make the sale.
To defend these charges the top drug criminal defense attorneys will set to attack each element of the charge. Possession, Intent and knowledge are all common areas to defend these charges. Further, the various suppression issues are attacked (search and seizure) the laboratory reports used and any speedy trial delays.
The Westchester County criminal defense attorneys at our firm will hold the government to their burden of proof to either have the case dismissed or negotiate a favorable plea bargain.
If you or a loved one has been charged with any drug related crime contact Riebling, Proto & Sachs, LLP for a free consultation.