BRONX, NY - New York Penal Law Section 220.03 criminalizes knowingly possessing any amount of a controlled substance, making it the lowest-level drug possession charge in the state while still carrying potential jail time and permanent criminal records. Bronx criminal defense attorney David Mejia Colgan (https://dmclawny.com/ny-pl-220-03-possession-seventh-degree/) provides guidance on the penalties, exceptions, and defense strategies for those charged under this statute.
According to Bronx criminal defense attorney David Mejia Colgan, Criminal Possession of a Controlled Substance in the Seventh Degree is a Class A misdemeanor. Individuals commit this offense when they knowingly and unlawfully possess a controlled substance in any amount that does not meet the weight thresholds for felony charges. "Knowing means you were aware the substance was in your possession, even if you did not know its exact chemical name or legal classification," explains Colgan. "Unlawful means you had no legal right to possess it, such as a valid prescription or medical authorization."
Bronx criminal defense attorney David Mejia Colgan emphasizes that the maximum penalties include up to one year in jail, a fine of up to $1,000, and up to three years of probation. However, the actual sentence depends on several factors, including criminal history, circumstances of the arrest, the type of substance involved, and demonstrated efforts toward rehabilitation. "First-time offenders often receive more lenient sentences than people with prior convictions," notes Colgan. "Alternative sentencing options may be available, including drug courts and Adjournment in Contemplation of Dismissal."
New York Public Health Law Section 3306 defines which substances are controlled. The list includes narcotics, stimulants, hallucinogens, and certain prescription medications when possessed without a valid prescription. "Controlled substances in any form trigger seventh-degree possession charges for small amounts," the criminal defense attorney explains. "Prescription medications such as painkillers and tranquilizers are controlled substances when you possess them without a valid prescription, and possessing another person's pills can result in charges."
David Mejia Colgan points out that the amount possessed determines whether individuals are charged with a misdemeanor or a felony. Seventh-degree possession applies when the quantity is below the felony thresholds set in higher-degree statutes. "Possessing less than 500 milligrams of certain substances is typically charged as seventh-degree possession," Colgan explains. "Once the weight exceeds 500 milligrams, prosecutors can charge you with Criminal Possession of a Controlled Substance in the Fifth Degree, a felony."
New York law provides two significant exceptions to PL Section 220.03. "If you lawfully possess a hypodermic syringe or needle under New York Public Health Law Section 3381, residual amounts of controlled substances in or on that syringe do not violate the statute," Colgan advises. "This exception reflects public health policy aimed at reducing the spread of bloodborne diseases like HIV and hepatitis C."
The second exception protects people who seek immediate medical help during overdoses or emergencies. "New York Penal Law Section 220.78 protects people who seek immediate medical help during a drug or alcohol overdose or other life-threatening medical emergency," notes Colgan. "If police discover controlled substances only because you called 911 or sought medical care for yourself or another person, you cannot be prosecuted under this statute."
Defense strategies depend on how the drugs were found, who had access to them, and whether police violated constitutional rights during the search or arrest. "The Fourth Amendment protects you from unreasonable searches and seizures," the attorney explains. "If police searched you, your car, or your home without a warrant or a valid exception to the warrant requirement, any evidence they found may be suppressed."
Prosecutors must prove that individuals knowingly possessed the controlled substance. "If you were unaware that the drugs were in your car, bag, or home, you may be able to challenge the charge based on lack of knowledge," Colgan points out. "This defense is common in cases where multiple people had access to the location where drugs were found."
Constructive possession cases often present challenges for prosecutors. "New York law recognizes both actual and constructive possession," Colgan explains. "If drugs were found in a shared apartment, vehicle, or public space, prosecutors must prove you had knowledge of the drugs and the ability to control them."
For those charged with seventh-degree drug possession in Bronx courts, understanding the legal defenses and exceptions available may be essential to protecting rights and achieving favorable outcomes.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq., is a Bronx-based criminal defense lawyer focused on drug possession charges, DWI offenses, and serious felony cases. A former Assistant District Attorney in the Bronx with more than 30 years of experience, the firm represents clients throughout New York in state and federal courts. David Mejia Colgan is fluent in Spanish and known for his direct approach to defending clients. For consultations, call (718) 484-8820.
Email: david.m.colgan@gmail.com
Media Contact
Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan, Esq.
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Suite 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/
