Criminal possession of a controlled substance 7th degree jail time

Q: How long will you likely be in jail for possession of a controlled substance Indiana?

A Class A misdemeanor carries a maximum penalty of one years jail time and a $5,000 fine. Class B misdemeanor. A Class B misdemeanor carries a maximum penalty of six months jail time and a $1,000 fine.

Q: What is the maximum punishment for a misdemeanor in New York?

Upon conviction of a Class A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individuals gain from the crime may be imposed.

You may have heard of criminal charges in the first, second, or even third degree — but have you heard of seventh degree charges? Criminal Possession of a Controlled Substance in the seventh degree is the lowest level drug offense an individual can get charged with in New York.

Table of Contents Show

What Substances Are Included In A 7th Degree Drug Charge In New York?
What Are the Consequences For A 7th Degree Drug Charge In New York?
Does A 7th Degree Drug Charge Stay On My Criminal Record Forever?
How Does An Attorney Help Fight Back Against A 7th Degree Drug Charge?
Helping You Combat Fourth- Fifth- And Seventh-Degree Controlled Substances Charges
What You Need To Know About These Charges
Criminal Sale And Criminal Possession Of A Controlled Substance In The Fifth Degree
Speak With Us Today
How long will you likely be in jail for possession of a controlled substance Indiana?
What's with the seventh degree?
How long do you go to jail for drug possession in Chicago?
What is the maximum punishment for a misdemeanor in New York?

A seventh degree drug charge involves criminal possession of any controlled or banned substance under New York State Penal Law. Note that this law excludes the possession of marijuana, which is governed under a separate set of laws.

A seventh degree drug charge is a misdemeanor in New York State. It can be placed on an individual if law enforcement officials seize any amount, including leftover or residue, or any controlled substance listed here in Section 3306 of New York’s Public Health Law.

What Substances Are Included In A 7th Degree Drug Charge In New York?

As stated in Section 3306 of New York’s Public Health Law, substance included in a seventh degree drug charge can include:

Recreational drugs: This includes your typical “street” drugs, such as cocaine, crack cocaine, heroin, ecstasy and more.
Controlled prescription medicines: This can include medication such as painkillers, which are often abused recreationally. Medicines like these include vicodin, percocet, oxycodone, and more. If you are prescribed these medications for any reason, never share them with anyone and dispose of them correctly once you are done taking them.
Hallucinogenic drugs: Drugs under this classification include psilocybin mushrooms, LSD (“acid”), mescaline, or more.

In the case of a seventh degree drug charge, it doesn’t matter which drug or drug residue was found by authorities. Regardless of what drug you were found with, the consequences will remain.

What Are the Consequences For A 7th Degree Drug Charge In New York?

What Are the Consequences For A 7th Degree Drug Charge In New York?

A seventh degree drug charge in New York is a class A misdemeanor. Misdemeanor convictions have less serious penalties than felonies, but these are still penalties that you should avoid at all costs. Potential consequences can include the following:

Up to twelve months in a correctional facility
A significant financial penalty of high fines (around $1,000)
A permanent criminal record

If law enforcement found any of the aforementioned drugs in your possession, you have the right to contact a criminal defense attorney to fight back against this charge. You don’t want to deal with a permanent criminal record, so consulting with an attorney as soon as possible is the best way to mitigate this risk.

Does A 7th Degree Drug Charge Stay On My Criminal Record Forever?

If you are convicted of this charge, it will remain on your permanent criminal record. As mentioned previously, it’s best to contact a lawyer right away to begin working on a strong case for your defense so you don’t have to live with this charge forever.

How Does An Attorney Help Fight Back Against A 7th Degree Drug Charge?

If you are facing drug crime charges in New York, you need a criminal defense attorney who will protect your best interests and fight for your freedom. Contact the Law Firm of Gianni Karmily right away to begin building a strong defense case together.

As you already know, a drug charge will put your future and freedom on the line. If you are facing these criminal charges, schedule a free consultation with attorney Gianni Karmily right away. As your drug crime lawyer, Gianni’s goal is to help you reach the best possible outcome on your case. This may mean aggressively negotiating with the state to reduce your charges as best as possible, or even taking your case to trial and reaching for an acquittal. By leveraging evidence and state law, your attorney will explore every defense possible on your case.

In some cases, Gianni may be able to get the charges dismissed altogether. As mentioned before, a seventh degree criminal drug charge will stay on your record forever. Don’t gamble with your future and schedule a free consultation with Gianni Karmily today.

Helping You Combat Fourth- Fifth- And Seventh-Degree Controlled Substances Charges

New York City prosecutors take a hard line when they are pursuing drug cases that involve fourth- fifth- or seventh-degree criminal sale and possession. If you or a loved one has been charged with a controlled substance violation, you should not face this situation alone. It is crucial to have qualified representation in drug offense matters.

Contact our legal team at Konta Georges & Buza P.C. to speak with an award-winning criminal defense attorney at our firm. We offer free, no-obligation consultations to all potential clients because we want you to understand your options before you take legal action. Our partners are recognized throughout the country for their sharp legal counsel and aggressive representation.

What You Need To Know About These Charges

Both criminal sale and criminal possession of a controlled substance in the fourth degree are class C felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class C drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 5 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is eight years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 3 1/2 years and the maximum is nine years.

Criminal sale of a controlled substance in the fourth degree – P.L. 220.34.

For the government to sustain a conviction for this offense, it must prove the person sold a “narcotic preparation” (subsection one), sold a “dangerous depressant” weighing at least 10 ounces or a “depressant” weighing at least 2 pounds (subsection two), sold concentrated cannabis (hashish) (subsection three), at least 50 milligrams of phencyclidine (PCP) (subsection four), sold any quantity of methadone (subsection five), sold at least 4 grams of ketamine (subsection six-a), sold any controlled substance on or near school grounds (subsection seven), sold any controlled substance near an educational or day care facility (subsection eight), or sold at least 28 grams of gamma-hydroxybutyric acid (subsection nine)

Criminal possession of a controlled substance in the fourth degree – P.L. 220.09(1).

For the government to sustain a conviction for subsection one of this offense, it must prove the person possessed either at least 1/8 ounce of cocaine or heroin (subsection one), possessed at least 1/2 ounce of methamphetamine (subsection two), possessed at least 2 ounces of a “narcotic preparation,” (subsection three), possessed at least 1 gram of a “stimulant,” (subsection four), possessed at least 1 milligram of LSD (subsection five), possessed at least 25 milligrams of a hallucinogen (subsection six), possessed at least 1 gram of a “hallucinogenic substance,” (subsection seven), possessed at least 10 ounces of a “dangerous depressant,” (subsection eight), possessed at least 2 pounds of a “depressant” (subsection nine), possessed at least 1 ounce of hash (subsection 10), possessed at least 250 milligrams of PCP (subsection 11), possessed at least 360 milligrams of methadone (subsection 12), possessed at least 50 milligrams of PCP and the person has previously been convicted of a drug offense (subsection 13), possessed at least 4 grams of ketamine (subsection 14), or possessed at least 200 grams of gamma-hydroxybutyric acid.

Criminal Sale And Criminal Possession Of A Controlled Substance In The Fifth Degree

Both criminal sale and criminal possession of a controlled substance in the fifth degree are class D felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class D drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 2 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is four years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 2 1/2 years and the maximum is 4 1/2 years.

Criminal sale of a controlled substance in the fifth degree – P.L. 220.31.

For the government to sustain a conviction for this offense, it must prove the person sold any controlled substance.

Criminal possession of a controlled substance in the fifth degree – P.L. 220.06.

For the government to sustain a conviction for this offense, it must prove the person possessed a controlled substance with the intent to sell (subsection one), possessed at least 1/2 ounce of either cocaine or heroin (subsection two), possessed at least 50 milligrams of PCP (subsection three), possessed at least 1/4 ounce of hash (subsection four), possessed at least 500 milligrams of cocaine (subsection five), possessed at least 1 gram of ketamine (subsection six), any amount of ketamine after having been previously convicted of a drug-related offense in New York (subsection seven), possessed at least 28 grams of gamma-hydroxybutyric acid or (subsection eight).

Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor which is punishable by up to one year in jail. It is a misdemeanor. There is no criminal sale or possession in the sixth degree in the penal code and there is no criminal sale in the seventh degree. Criminal sale of a controlled substance in the seventh degree is by far the most common drug charge. It is the charge that addresses simple possession.

Criminal sale of a controlled substance in the seventh degree – P.L. 220.03.

For the government to sustain a conviction for this offense, it must prove the person possessed any controlled substance.

Any charges listed above are serious and could lead to jail time, lost economic opportunities or deportation.

Speak With Us Today

Email or connect with us by phone when you call 212-710-5166. Time is not on your side if you or a loved one is accused of any sale or possession charges. Get sound legal advice today!

How long will you likely be in jail for possession of a controlled substance Indiana?

A Class A misdemeanor carries a maximum penalty of one year's jail time and a $5,000 fine. Class B misdemeanor. A Class B misdemeanor carries a maximum penalty of six months' jail time and a $1,000 fine.

What's with the seventh degree?

This charge is the lowest level of drug possession crime in New York State. Typically, you will be charged with seventh-degree possession of a controlled substance if you have small amounts of drugs like cocaine, ecstasy, or heroin.

How long do you go to jail for drug possession in Chicago?

Possession with intent to sell or deliver less than 15 grams of a controlled substance or illegal drug (besides marijuana) can be considered as either a Class 1 felony (prison term of four to 15 years and a fine of up to $250,000), a Class 2 felony (prison term of three to seven years and a fine of up to $200,000), or ...

What is the maximum punishment for a misdemeanor in New York?

Upon conviction of a Class “A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individual's gain from the crime may be imposed.