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Criminal Sale and Possession of a Controlled Substance In the Fourth, Fifth, and Seventh Degree.

Criminal Sale and Possession of a Controlled Substance in the Fourth, Fifth, and Seventh Degree

Criminal Sale and Criminal Possession of a Controlled Substance in the Fourth Degree

Both Criminal Sale and Criminal Possession of a Controlled Substance in the Fourth Degree are class C felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class C drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 5 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is 8 years. If the person has previously been convicted of a "violent" felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 3 1/2 years and the maximum is 9 years.

Criminal Sale of a Controlled Substance in the Fourth Degree - P.L. 220.34

For the government to sustain a conviction for this offense, it must prove the person sold a "narcotic preparation" (subsection one), sold a "dangerous depressant" weighing at least 10 ounces or a "depressant" weighing at least two pounds (subsection two), sold concentrated cannabis (hashish) (subsection three), at least 50 milligrams of phencyclidine (PCP) (subsection four), sold any quantity of methadone (subsection five), sold at least four grams of ketamine (subsection six-a), sold any controlled substance on or near school grounds (subsection seven), sold any controlled substance near an educational or daycare facility (subsection eight), or sold at least 28 grams of Gamma Hydroxybutyric Acid (subsection nine)

Criminal Possession of a Controlled Substance in the Fourth Degree - P.L. 220.09(1)

For the government to sustain a conviction for subsection one of this offense, it must prove the person possessed either at least 1/8 ounces of cocaine or heroine (subsection one), possessed at least 1/2 ounces of methamphetamine (subsection two), possessed at least two ounces of a "narcotic preparation," (subsection three), possessed at least one gram of a "stimulant," (subsection four), possessed at least one milligram of LSD (subsection five), possessed at least 25 milligrams of a hallucinogen (subsection six), possessed at least one gram of a "hallucinogenic substance," (subsection seven), possessed at least 10 ounces of a "dangerous depressant," (subsection eight), possessed at least two pounds of a "depressant" (subsection nine), possessed at least one ounce of hash (subsection 10), possessed at least 250 milligrams of PCP (subsection 11), possessed at least 360 milligrams of methadone (subsection 12), possessed at least 50 milligrams of PCP and the person has previously been convicted of a drug offense (subsection 13), possessed at least four grams of ketamine (subsection 14), or possessed at least 200 grams of Gamma Hydroxybutyric Acid.

Criminal Sale and Criminal Possession of a Controlled Substance in the Fifth Degree

Both Criminal Sale and Criminal Possession of a Controlled Substance in the Fifth Degree are class D felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class D drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 2 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is 4 years. If the person has previously been convicted of a "violent" felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 2 1/2 years and the maximum is 4 1/2 years.

Criminal Sale of a Controlled Substance in the Firth Degree - P.L. 220.31

For the government to sustain a conviction for this offense, it must prove the person sold any controlled substance.

Criminal Possession of a Controlled Substance in the Fifth Degree - P.L. 220.06

For the government to sustain a conviction for this offense, it must prove the person possessed a controlled substance with the intent to sell (subsection one), possessed at least 1/2 ounces of either cocaine or heroin (subsection two), possessed at least 50 milligrams of PCP (subsection three), possessed at least 1/4 ounces of hash (subsection four), possessed at least 500 milligrams of cocaine (subsection five), possessed at least one gram of ketamine (subsection six), any amount of ketamine after having been previously convicted of a drug related offense in New York (subsection seven), possessed at least 28 grams of Gamma Hydroxybutyric Acid or (subsection eight).

Criminal Possession of a Controlled Substance in the Seventh Degree

Criminal Possession of a Controlled Substance in the Seventh Degree is a class A misdemeanor which is punishable by up to one year in jail. It is a misdemeanor. There is no Criminal Sale or Possession in the Sixth Degree in the Penal Code and there is no Criminal Sale in the Seventh Degree. Criminal Sale of a Controlled Substance in the Seventh Degree is by far the most common drug charge. It is the charge that addresses simple possession.

Criminal Sale of a Controlled Substance in the Seventh Degree - P.L. 220.03

For the government to sustain a conviction for this offense, it must prove the person possessed any controlled substance.

Any charges listed above are serious and could lead to prison, lost economic opportunities, or deportation.

Contact John Buza, an experienced New York Criminal Defense Attorney for a free consultation if you, or a loved one, is accused of any sale or possession charges.

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