Cocaine Possession in New York

The State of New York takes possession and sale of both powder cocaine and crack cocaine extremely seriously. Even possession of a minor amount can lead to jail time. Convictions for possession of significant quantities, or sale of a controlled substance, are felonies that carry the possibility of severe prison time. If you have been arrested for possession or sale of cocaine, crack, or other controlled substances, call a dedicated Hudson Valley drug possession and criminal defense lawyer as soon as possible to start building your defense.

Possession of Cocaine or Crack Cocaine

Possession and sale of controlled substances are covered by Article 220 of the New York Penal Law. The penalties for possession of cocaine vary depending upon the quantity of drugs charged. Note that prosecutors have the discretion to choose what quantity to charge, even if they believe they have the evidence to push for a higher charge. Many plea bargains involve reducing the quantity such that the charged crime is a misdemeanor rather than a felony, or at least a less serious felony.

The levels of possession and the corresponding penalties are as follows:

• 7th Degree Possession. Possession of fewer than 500 milligrams of cocaine. Class A misdemeanor, punishable by up to a year in jail.
• 5th Degree Possession. Possession of at least 500 milligrams of cocaine or cocaine mixture. Class D felony, punishable by 1 to 2 ½ years in prison for a first-time offender. Second-time offenders face up to 4 years, while violent felons face additional time.
• 4th Degree Possession. Possession of at least 1/8 of an ounce of cocaine or cocaine mixture. Class C felony, punishable by 1 to 5 ½ years in prison for a first-time offender. Second-time offenders face up to 8 years, while violent felons face additional time.
• 3rd Degree Possession. Possession of at least 1/2 of an ounce of cocaine or cocaine mixture. Class B felony, punishable by 1 to 9 years in prison for a first-time offender. Second-time offenders face up to 12 years, while violent felons face additional time.
• 2nd Degree Possession. Possession of at least 4 ounces of cocaine or cocaine mixture. Class A-II felony, punishable by 3 to 10 years in prison for a first-time offender. Second-time offenders face 6 to 14 years in prison, while violent felons face additional time.
• 1st Degree Possession. Possession of at least 8 ounces of cocaine or cocaine mixture. Class A-I felony, punishable by 8 to 20 years in prison for a first-time offender. Second-time offenders face 12 to 24 years in prison, while violent felons face additional time.
• 7th Degree Possession. Possession of fewer than 500 milligrams of cocaine. Class A misdemeanor, punishable by up to a year in jail.
• 5th Degree Possession. Possession of at least 500 milligrams of cocaine or cocaine mixture. Class D felony, punishable by 1 to 2 ½ years in prison for a first-time offender. Second-time offenders face up to 4 years, while violent felons face additional time.
• 4th Degree Possession. Possession of at least 1/8 of an ounce of cocaine or cocaine mixture. Class C felony, punishable by 1 to 5 ½ years in prison for a first-time offender. Second-time offenders face up to 8 years, while violent felons face additional time.
• 3rd Degree Possession. Possession of at least 1/2 of an ounce of cocaine or cocaine mixture. Class B felony, punishable by 1 to 9 years in prison for a first-time offender. Second-time offenders face up to 12 years, while violent felons face additional time.
• 2nd Degree Possession. Possession of at least 4 ounces of cocaine or cocaine mixture. Class A-II felony, punishable by 3 to 10 years in prison for a first-time offender. Second-time offenders face 6 to 14 years in prison, while violent felons face additional time.
• 1st Degree Possession. Possession of at least 8 ounces of cocaine or cocaine mixture. Class A-I felony, punishable by 8 to 20 years in prison for a first-time offender. Second-time offenders face 12 to 24 years in prison, while violent felons face additional time.

Sale of Cocaine or Crack Cocaine

The sale of a controlled substance is also punished according to quantity as well as based on intent to sell. The categories for criminal sale of cocaine are as follows:

• Possession With Intent to Sell. An arrest for possession with intent to sell is treated as criminal possession in the 3rd degree. The penalties are 1 to 9 years in prison for a first-time offender and up to 12 years for second-time offenders.
• Criminal Sale of a Controlled Substance in the 3rd Degree. Sale of less than ½ ounce of cocaine or cocaine mixture. Class B felony, punishable by 1 to 9 years in prison for a first-time offender. Second-time offenders face up to 12 years, while violent felons face additional time.
• Criminal Sale of a Controlled Substance in the 2nd Degree. Sale of ½ ounce or more of cocaine or cocaine mixture. Class A-II felony, punishable by 3 to 10 years in prison for a first-time offender. Second-time offenders face 6 to 14 years in prison, while violent felons face additional time.
• Criminal Sale of a Controlled Substance in the 1st Degree. Sale of 2 ounces or more of cocaine or cocaine mixture. Class A-I felony, punishable by 8 to 20 years in prison for a first-time offender. Second-time offenders face 12 to 24 years in prison, while violent felons face additional time.

Get Qualified Legal Help After Your Drug Possession Arrest from Our Hudson Valley Criminal Defense Lawyers

If you have been arrested and charged with possession or sale of cocaine or other controlled substances under New York state law, contact Dupée & Monroe, P.C., for a zealous cocaine possession defense lawyer. From our offices in Goshen, we represent clients charged with drug possession and other serious offenses in Orange County and throughout the Hudson Valley.