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Drug Possession Case Dismissed in Greenburgh Court

Drug Possession Case Dismissed in Greenburgh Court- New York

Westchester County Criminal Defense Attorney

The State of New York classifies not only well-known drugs like marijuana, heroin, and cocaine as “controlled substances”, but also the compounds used to manufacture them. Under New York criminal law, it is illegal to make, sell and possess any of the classified controlled substances.

The Classifications of Controlled Substances in New York Classifies

New York divides CDS into five distinct groups called “Schedules.” Schedule I lists the substances considered to be the most dangerous drugs, which also have a high probability of abuse and addiction, and no recognized medical value.

Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.

If you or someone you know has been arrested for illegal possession of a controlled substance, it’s important that you contact Riebling, Proto & Sachs, LLP so that one of our criminal defense attorneys can advise you which schedule the case fits into.

Penalties for Selling Controlled Substances

It is illegal in New York to possess controlled substances without a valid medical prescription. Penalties vary according to the type and amount of the controlled substance possessed by the person arrested.

The criminal classifications are listed below:

Class A-I felony

Possessing eight or more ounces of a controlled substance listed as a narcotic drug; or 5,760 milligrams or more of methadone, is a class A-I felony.

Class A-II felony

It is a class A-II felony to possess the following specified amounts and types of controlled substances:

  • four or more ounces but less than eight ounces, but less than eight ounces of controlled substances listed as narcotic drugs
  • two or more ounces of methamphetamine
  • ten grams or more of a controlled substance classified as a stimulant
  • 25 milligrams or more of lysergic acid (LSD)
  • 625 milligrams or more of a controlled subtstance classified as a hallucinogen
  • 25 grams or more of a hallucinogenic substance
  • 2,880 milligrams or more, but less than 5,760 milligrams of methadone

Class B felony

It is a class B felony to possess the following specified amounts and types of controlled substances:

  • one half ounce or more, but less than four ounces of a narcotic drug
  • five grams or more, but less than ten grams of a stimulant
  • five milligrams or more, but less than 25 milligrams of LSD
  • five grams or more, but less than 25 grams of a hallucinogenic substance
  • 1,250 milligrams or more of phencyclidine (PCP)

Class C felony

It is a class C felony to possess the following specified amounts and types of controlled substances:

  • one eighth ounce or more but less than one half ounce of a narcotic substance
  • one half ounce or more, but less than two ounces of methamphetamine
  • one gram or more, but less than five grams of a stimulant
  • one milligram or more, but less than five milligrams of LSD
  • 25 milligrams or more, but less than 625 milligrams of a hallucinogen
  • one gram or more, but less than five grams of a hallucinogenic substance
  • ten ounces or more of a substance classified as a dangerous depressant
  • two pounds or more of a depressant
  • 250 milligrams or more, but less than 1,250 milligrams of PCP
  • 360 milligrams or more, but less than 2,880 milligrams of methadone
  • 4,000 grams or more of ketamine
  • 200 grams or more of gamma hydroxybutyric acid (GHB)

Class D felony

It is a class D felony to possess the following specified amounts and types of controlled substances:

  • one half ounce or more of a narcotic preparation
  • 50 milligrams or more, but less than 250 milligrams of PCP
  • 500 milligrams or more of cocaine
  • 1,000 milligrams or more, but less than 4,000 milligrams of ketamine
  • 28 grams or more, but less than 200 grams of GHB

Class A misdemeanor

It is a class A misdemeanor to possess any controlled substance not specified above (excluding marijuana), or amounts of CDS that are lower than the lowest amounts specified above.

Have a Leading Criminal Defense Attorney Defend You

Convictions for criminal possession of controlled substances can result in harsh fines and long periods of incarceration. The criminal defense attorneys of Riebling, Proto & Sachs, LLP have a long and successful track record of defending people charged with various drug possession crimes.

In fact, our diligent and comprehensive defense of a recent drug possession case in the Town of Greenburgh Court in Westchester County, NY, resulted in the dismissal of all charges against our client.

Our criminal defense attorneys are ready to use their years of experience to protect your rights and help you avoid the penalties of a criminal conviction. Their record of success is nationally recognized and our attorneys have been named among the top defense attorneys in New York and throughout the United States.

Please contact us for an immediate and free consultation at 914-946-4808.

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