Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 15th October 2023, 12:52 pm
New York Penal Law 220.09, also known as Criminal Possession of a Controlled Substance in the Fourth Degree, is a statute that makes it illegal to possess certain amounts of controlled substances like cocaine, heroin, LSD, and others. This article will explain the law in simple terms, so the average person can understand what’s illegal and what isn’t.
The main substances covered by PL 220.09 are:
To break the law, you need to possess at least a certain amount of these drugs. The weight required depends on the type of drug. For example, you need:
So if you have less than those amounts, it’s not considered a crime under this statute.
There are a few legal defenses that can help fight a 4th degree criminal possession charge:
Under New York law, drugs found in a car are “presumptive evidence” that everyone inside possessed them. But this presumption can be challenged in court with evidence that the drugs actually belonged to just one person. So don’t assume you’ll automatically be convicted if drugs are found in your vehicle.
I hope this overview helps explain the basic elements of New York’s 4th degree criminal possession law. While these cases are serious, there are often good defenses worth exploring. So don’t assume that the charges alone guarantee a conviction or severe penalties. With an experienced criminal defense lawyer on your side, you may well be able to get charges reduced or dismissed, or a better outcome than you expect. Just make sure to get legal help right away if you or a loved one is charged under this statute.
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