New YorkDrug Lawyer
Aggressive defense for individuals facing drug possession, sale, and trafficking charges under New York Penal Law Article 220.
Drug possession and drug sale charges in New York are graded by substance type and weight thresholds, with legal presumptions that can elevate simple possession into felony intent-to-sell charges. The Law Offices of Matthew Cohan defends clients throughout New York City and surrounding counties and understands how prosecutors build weight-based and intent-based drug cases.
Weight Thresholds
Drug charges escalate based on aggregate weight. Even small measurement differences can dramatically increase sentencing exposure.
Knowing Possession
The prosecution must prove the defendant knowingly possessed the controlled substance and exercised dominion and control over it.
Substance Classification
Charges depend on whether the substance is classified as a narcotic, stimulant, hallucinogen, depressant, or other scheduled drug.
Simple Possession
Knowingly possessing any amount of a controlled substance.
Possession with Intent to Sell
Drug quantity, packaging materials, cash, or communications used to infer distribution.
Drug Sales
Alleged transactions involving undercover officers or confidential informants.
Weight-Based Felony Charges
Serious felony charges triggered solely by aggregate weight thresholds.
Vehicle Presumption Cases
Drugs found in vehicles creating presumptions against all occupants.
Large Scale Narcotics Investigations
Multi-defendant prosecutions alleging coordinated drug distribution networks.
Federal drug investigations often span months or years and involve wiretaps, GPS tracking, controlled purchases, confidential informants, search warrants, financial analysis, and electronic surveillance. Prosecutors frequently pursue conspiracy charges to expand liability across entire distribution networks.
Aggravated Identity Theft charges carry a Mandatory Minimum sentence that cannot be served concurrently.
Don’t wait. Speak with an experienced criminal defense lawyer today.
Drug possession and drug sale charges in New York carry severe penalties including mandatory prison sentences, permanent felony records, and immigration consequences. New York's controlled substance laws under Penal Law Article 220 impose strict liability based on weight thresholds and presumptions of intent to sell. Strategic legal representation is essential to challenging the evidence and protecting your future.
At the Law Offices of Matthew Cohan, we provide experienced defense representation for clients facing drug charges throughout New York City and surrounding counties. We understand how prosecutors build drug cases and where they are vulnerable to challenge.
Drug Charges in New York
New York drug offenses are governed by Penal Law Article 220, which criminalizes the possession, sale, and manufacture of controlled substances. Charges are graded by degree based on the type and weight of the substance, with penalties escalating sharply as quantities increase. The prosecution need not prove actual sale for "intent to sell" charges; certain weights create legal presumptions of intent.
New York law categorizes controlled substances into schedules based on medical use and abuse potential:
Narcotic drugs: Heroin, fentanyl, cocaine, oxycodone, morphine, methadone
Stimulants: Methamphetamine, amphetamine, certain prescription medications
Hallucinogens: LSD, psilocybin, mescaline
Marijuana: Although decriminalized in small amounts for personal use, possession of larger quantities and all sale offenses remain criminal
Dangerous depressants: GHB, certain prescription medications
PCP (Phencyclidine): Subject to specific weight thresholds under the statute
NY Criminal Possession of a Controlled Substance Charges
Criminal Possession of a Controlled Substance Seventh Degree (PL § 220.03)
Classification: Class A misdemeanor
Penalties: Up to 1 year in jail, 3 years probation
Elements: Knowingly and unlawfully possessing a controlled substance in any amount. This is the lowest-level drug possession charge, typically applied to simple possession cases where the quantity is too small to constitute a felony.
Criminal Possession of a Controlled Substance Fifth Degree (PL § 220.06)
Classification: Class D felony
Penalties: Up to 7 years in prison (indeterminate sentence of 2 to 7 years for first-time offenders), 5 years probation
Common circumstances:
- Possessing narcotic drug with intent to sell
- Possessing 500 milligrams or more of cocaine
- Possessing one or more preparations, compounds, mixtures, or substances containing a narcotic drug and having an aggregate weight of one-eighth ounce or more
- Possessing phencyclidine with intent to sell
- Possessing certain weight thresholds of other controlled substances
Criminal Possession of a Controlled Substance Fourth Degree (PL § 220.09)
Classification: Class C felony
Penalties: Up to 15 years in prison (indeterminate sentence up to 5 to 15 years), 5 years probation
Common circumstances:
- Possessing one or more preparations containing a narcotic drug with aggregate weight of one-eighth ounce or more with intent to sell
- Possessing one or more preparations containing methamphetamine with aggregate weight of one-eighth ounce or more
- Possessing one or more preparations containing a narcotic drug with aggregate weight of one-half ounce or more
- Possessing phencyclidine weighing 250 milligrams or more
- Possessing certain stimulants weighing one gram or more with intent to sell
Criminal Possession of a Controlled Substance Third Degree (PL § 220.16)
Classification: Class B felony
Penalties: Up to 25 years in prison (indeterminate sentence up to 8 1/3 to 25 years for first-time offenders), 5 years probation
Common circumstances:
- Possessing narcotic drug with intent to sell
- Possessing one or more preparations containing a narcotic drug with aggregate weight of one-half ounce or more
- Possessing phencyclidine weighing 1,250 milligrams or more
- Possessing methamphetamine weighing one-half ounce or more
This is one of the most frequently charged serious felony drug offenses in New York, often based on weight alone without proof of actual sale.
Criminal Possession of a Controlled Substance Second Degree (PL § 220.18)
Classification: Class A-II felony
Penalties: 3 to 10 years minimum, up to 25 years to life in prison (indeterminate sentence of 3 to 10 years minimum for first-time offenders)
Common circumstances:
- Possessing one or more preparations containing a narcotic drug with aggregate weight of four ounces or more
- Possessing methamphetamine weighing two ounces or more
- Possessing one or more preparations containing a stimulant with aggregate weight of ten grams or more with intent to sell
Criminal Possession of a Controlled Substance First Degree (PL § 220.21)
Classification: Class A-I felony
Penalties: 8 to 20 years minimum, up to 25 years to life in prison (indeterminate sentence of 8 to 20 years minimum for first-time offenders)
Elements: Possessing one or more preparations containing a narcotic drug with aggregate weight of eight ounces or more. This is reserved for the most serious large-scale possession cases.
Criminal Sale of a Controlled Substance Charges
Criminal Sale of a Controlled Substance Fifth Degree (PL § 220.31)
Classification: Class D felony
Penalties: Up to 7 years in prison (2 to 7 years indeterminate for first-time offenders)
Elements: Knowingly and unlawfully selling a controlled substance. This is the basic sale charge applying to any amount of controlled substance sold.
Criminal Sale of a Controlled Substance Fourth Degree (PL § 220.34)
Classification: Class C felony
Penalties: Up to 15 years in prison (up to 5 to 15 years indeterminate)
Common circumstances:
- Selling one or more preparations containing a narcotic drug
- Selling one or more preparations containing methamphetamine, its salts, isomers, or salts of isomers
- Selling a stimulant, hallucinogen, or certain other controlled substances
Criminal Sale of a Controlled Substance Third Degree (PL § 220.39)
Classification: Class B felony
Penalties: Up to 25 years in prison (up to 8 1/3 to 25 years indeterminate for first-time offenders)
Common circumstances:
- Selling one or more preparations containing a narcotic drug with aggregate weight of one-half ounce or more
- Selling phencyclidine weighing 250 milligrams or more
- Selling methamphetamine weighing one-eighth ounce or more
Criminal Sale of a Controlled Substance Second Degree (PL § 220.41)
Classification: Class A-II felony
Penalties: 3 to 10 years minimum, up to 25 years to life
Common circumstances:
- Selling one or more preparations containing a narcotic drug with aggregate weight of two ounces or more
- Selling methamphetamine weighing one ounce or more
- Selling one or more preparations containing a stimulant with aggregate weight of ten grams or more
Criminal Sale of a Controlled Substance First Degree (PL § 220.43)
Classification: Class A-I felony
Penalties: 8 to 20 years minimum, up to 25 years to life
Elements: Selling one or more preparations containing a narcotic drug with aggregate weight of two ounces or more, where the defendant is 18 years or older and the buyer is under 17 years old. This is an enhanced charge based on the age differential between seller and buyer.
Enhanced Penalties for Prior Offenders
Second felony offender (predicate felon):
- Class B felonies: Minimum 4.5 years, maximum 25 years
- Class C felonies: Minimum 3.5 years, maximum 15 years
- Class D felonies: Minimum 2 years, maximum 7 years
Persistent felony offender:
- Mandatory minimum sentences increase substantially based on the number and severity of prior felony convictions
- Maximum sentences can reach 25 years to life
Collateral Consequences
Mandatory Minimum Prison Sentences
Class A-I and A-II felonies carry mandatory minimum prison sentences. Judges have no discretion to impose probation or conditional discharge for these offenses. Even first-time offenders face mandatory incarceration.
Permanent Felony Records
Felony drug convictions result in permanent criminal records that cannot be sealed under CPL 160.59 (many drug felonies are excluded from sealing eligibility) and cannot be expunged. This permanent record impacts:
- Employment opportunities in healthcare, education, finance, and other regulated industries
- Professional licensing (medical, nursing, pharmacy, legal, financial)
- Housing applications and rental approvals
- Educational opportunities and financial aid eligibility
- Federal benefits including student loans and public housing
Immigration Consequences
For non-citizens, drug convictions constitute deportable offenses under federal immigration law, resulting in:
- Mandatory detention by ICE
- Deportation proceedings
- Inadmissibility to the United States
- Ineligibility for naturalization
- Ineligibility for most forms of relief from removal
Even misdemeanor drug convictions can trigger immigration consequences.
Federal Prosecution
Drug cases involving large quantities or interstate trafficking can result in federal charges carrying even more severe mandatory minimum sentences under federal law.
Legal Presumptions in Drug Cases
New York law creates statutory presumptions that shift the burden to defendants:
Presumption of knowing possession: When controlled substances are found in a vehicle, there is a rebuttable presumption that all occupants knowingly possessed the drugs.
Presumption of intent to sell: Possessing certain threshold weights creates a presumption of intent to sell, even without evidence of actual sales or drug paraphernalia associated with distribution.
These presumptions require strategic defense approaches to overcome.
Common Defenses to Drug Charges
Challenging the Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. Many drug cases involve unconstitutional searches:
Unlawful vehicle stops: Police must have reasonable suspicion of traffic violations or criminal activity to initiate stops.
Unlawful searches: Police must have probable cause, consent, or a search warrant to search vehicles, homes, or persons. Searches exceeding the scope of consent or warrant authority can be suppressed.
Unlawful home entries: Warrantless entries into homes require exigent circumstances or valid consent from someone with authority.
If drugs were obtained through unlawful searches, the evidence can be suppressed through a Mapp/Dunaway hearing, often resulting in case dismissal.
Lack of Knowing Possession
The prosecution must prove defendants knowingly possessed the controlled substance. We challenge this element when:
- Drugs were found in shared vehicles with multiple occupants
- Drugs were found in common areas of shared residences
- The defendant had no knowledge of the substance's presence
- The defendant lacked dominion and control over the substance
Constructive possession cases: When drugs are not found directly on the defendant's person, the prosecution must prove the defendant exercised dominion and control over the location where drugs were found and knew drugs were present. Mere proximity is insufficient.
Challenging Weight and Laboratory Analysis
Felony charges depend entirely on substance weight. We scrutinize:
- Chain of custody documentation
- Laboratory testing procedures and protocols
- Calibration records for scales and testing equipment
- Qualifications of laboratory personnel
- Field test reliability (false positives are common)
Even minor errors in weight measurement can result in significant charge reductions, potentially reducing prison exposure by years or decades.
Challenging Intent to Sell
For "intent to sell" charges where no actual sale occurred, we challenge the prosecution's evidence:
- Absence of packaging materials or scales
- Personal use quantities
- No cash or drug paraphernalia associated with sales
- Lack of surveillance evidence showing sales activity
- Defendant's personal addiction history supporting personal use
Entrapment and Predisposition
When undercover operations or confidential informants are involved, we investigate:
- Whether police induced criminal conduct
- Whether the defendant was predisposed to commit the offense
- Whether informants exceeded their authority
- Whether informants have credibility issues or ulterior motives
Laboratory Testing Issues
We challenge the reliability and admissibility of laboratory results:
- Was the substance actually tested, or did police rely on field tests?
- Were proper testing protocols followed?
- Are laboratory technicians available for cross-examination?
- Were substances properly preserved and stored?
Alternative Resolutions
For eligible defendants, we pursue alternative dispositions:
Drug Treatment Alternative to Incarceration (DTAI): Available for certain felony offenders, allowing treatment instead of incarceration.
Judicial Diversion (Penal Law § 216): Available for certain non-violent drug offenders, allowing case dismissal upon successful treatment completion.
Conditional Discharge: Available for misdemeanors and certain low-level felonies.
Plea negotiations: Reducing charges to lower degrees or non-drug offenses to minimize immigration consequences and sentencing exposure.
What to Do If Arrested for Drug Charges
Do not consent to searches: Politely decline consent to search your vehicle, home, or person.
Do not make statements: Exercise your right to remain silent. Do not explain how you obtained drugs or what you intended to do with them.
Do not cooperate without counsel: Police may pressure you to become an informant or cooperate against others. Consult an attorney before making any cooperation decisions.
Contact an attorney immediately: Time is critical for challenging searches and preserving evidence.
Former Prosecutor Advantage
As your New York criminal defense lawyer with experience as a former prosecutor, we understand how District Attorneys build drug cases, what evidence they need to prove weight thresholds and intent to sell, and where cases are most vulnerable to challenge. Having prosecuted drug possession and sale cases, we know how charging decisions are made, how prosecutors apply legal presumptions, and how to dismantle their cases through effective suppression motions and cross-examination.
Thorough case investigation: Reviewing arrest reports, search warrants, laboratory reports, and chain of custody documentation.
Suppression motions: Filing and litigating Mapp/Dunaway hearings to suppress illegally obtained evidence.
Laboratory analysis challenges: Retaining independent experts when necessary to challenge weight measurements and substance identification.
Alternative disposition advocacy: Pursuing treatment programs and diversion when appropriate.
Trial preparation: Preparing every case for trial with comprehensive defense strategies.
Contact Us Today
If you have been arrested for drug possession or sale in New York or believe you are under investigation, immediate legal representation is essential. The consequences of conviction are severe and permanent.
At the Law Offices of Matthew Cohan, we provide experienced, aggressive, and confidential legal representation for drug charges throughout New York.
Contact us today for a free, confidential consultation. Call (516) 375-1107 or submit our online contact form.
Aggravated Identity Theft charges carry a Mandatory Minimum sentence that cannot be served concurrently.
Don’t wait. Speak with an experienced criminal defense lawyer today.
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Kew Gardens, New York 11415
Smithtown, New York 11787