Possession of a Controlled Substance

Contact a Dedicated Hudson Valley Drug Charge Lawyer Today

Have you been charged with drug possession? "Possession of a controlled substance" (NY Penal Law Article 220) is the most common drug offense and these charges can vary widely in severity. Whether you are facing a misdemeanor a felony charge, however, it is critical that you retain proven representation capable of securing a reduction or dismissal on your behalf.

At The Law Office of Kelley M. Enderley, PC, we know how to navigate drug possession charges. Drug possession is often a charge that can be "tacked on" to theft or DUI charges. We've become experienced in handling these kinds of cases and know how to take an incisive approach to the probable cause and search and seizure issues that prosecutors rely on for convictions.

Before entering a guilty plea, make sure you explore your defense options with a capable and committed Hudson Valley drug charge lawyer. Contact us at 888.991.3211 today.

How Possession Charges Are Determined

New York's drug statutes are complex. These laws not only have to address circumstances in which drugs are found directly on the accused's person (actual possession) but also when they are found elsewhere and assumed to be in the possession of the accused (constructive possession). Additionally, there are numerous other factors that can dictate the seriousness of a drug possession charge.

Key factors in determining the seriousness of a possession charge include:

  • The type of substance found: New York categorizes controlled substances into different "schedules." These schedules are arranged by a drug’s toxicity and addictive quality. So, for instance, a drug possession charge involving cocaine is likely to be more serious than one involved prescription pills.
  • The quantity of the substance found: the more drugs found by law enforcement, the more serious possession charge will be. In some cases, where large amounts of drugs are found and look to be prepared for distribution, additional charges may apply.
  • The history of the accused: if the accused has a history of other crimes, it is possible that they will be vulnerable to harsher penalties. If addiction is an issue for the accused, additional resources may also be available as well as part of their sentencing.

Want to learn more about your specific charge, what penalties you could be facing, and how we can help? Contact us today to schedule a free consultation.