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Wrongful Possession Of A Controlled Substance In Bronx
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Multi-State
County:
Bronx
Control #:
US-000303
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FAQ
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
No additional prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of the date of any prescription previously issued unless and until the ultimate user has exhausted all but a seven days' supply of that controlled substance provided by any previously issued ...
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
As a class A-II felony, criminal possession of a controlled substance in the second degree is one of the most serious crimes in the New York Penal Code. This means that if you are convicted you could receive a sentence of life in prison and a fine of up to $50,000. The minimum sentence would be 3-8 years in prison.
State Charges: On average, sentences for drug possession on state charges in New York hover around 20 months, which is slightly less than two years. Federal Charges: In contrast, the average sentence for drug possession on federal charges is approximately 81 months, equating to less than seven years.
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Examples of A-1 felonies include possession of cocaine, heroin, or any other narcotic drug of an aggregate weight of eight ounces or more. CPCS in the second degree: CPCS in the second degree is classified as a class A-2 felony, and conviction carries a possible sentence anywhere from three to 10 years in state prison.
If you're wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses.