When you take a look at New York’s penal laws, you’re often greeted by a mountain of legalese, which can be a pain to sift through. But just because it can be confusing doesn’t mean it has to be. In fact, if you break the law down, it actually becomes pretty easy to understand. To that end, we’re going to take a look at some more of the laws that you’ll find on the books today. It can be daunting, we’ll admit, to take a crack at some of the legal work that’s involved in setting up a defense that can reduce or hopefully dismiss the charges that have been levelled against you. But though difficult, it’s still very much possible. You’ll just have to get the right counsel for the job. Our attorneys have years of experience in every aspect of the law, and that doesn’t just apply to criminal possession of a controlled substance. We can help you out with just about any charge that you can find under the penal law in the state of New York. Let’s keep going with our look at the New York penal law, in this post continuing to figure out criminal possession of a controlled substance. Let’s start with that charge in the second degree.
You’re guilty of this particular charge if you knowingly and unlawfully possess a preparation, compound, or substance that contains a narcotic drug, and this preparation has an aggregate weight of four ounces or more, or a preparation, compound, or substance that contains methamphetamine, and this preparation has an aggregate weight of two ounces or more, or a stimulant that’s ten grams or more, or LSD that’s twenty-five milligrams or more, or a hallucinogen that’s six hundred twenty-five milligrams or more, or a hallucinogenic substance that’s twenty-five grams or more, or methadone that’s two thousand eight hundred eighty milligrams or more. Criminal possession of a controlled substance in the second degree is a class A-II felony.
For the first degree charge, you’re guilty if you knowingly and unlawfully possess a preparation, compound, or substance that contains a narcotic drug, and this preparation has an aggregate weight of eight ounces or more, or methadone that’s five thousand seven hundred sixty milligrams or more. Criminal possession of a controlled substance in the first degree is considered to be a class A-I felony.
As far as presumptions go, the presence of a controlled substance in a car, other than a public bus, is presumptive evidence of knowing that you’re possessing whatever it is, and that applies to everyone in the vehicle, but this doesn’t apply to someone who’s operating the vehicle as part of their job, or if whoever possesses it is actually authorized to have it, or when the controlled substance is concealed on the person of someone in the vehicle. Also, the preparation of a narcotic drug, narcotic preparation, marijuana, or phencyclidine in open view with the intention of preparing this or selling it is presumptive evidence of knowing that it’s being possessed by everyone who’s in proximity to the substance, but that doesn’t apply to people who are authorized to possess it, if they have it in their possession.
As you can see, not only was that not a giant pain, but it was actually pretty simple to understand. We believe that when you take the letter of the law and break it down into smaller parts that focus on explaining simply what each charge is and what it can potentially do for your legal record, it becomes simple to figure out how you can use the law in your favor and end up reducing or even dismissing any and all charges that have been brought up against you.
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