Criminal Defense

Drug Charges

Charged with a drug offense in New York? Controlled-substance charges under Penal Law Article 220 run from a Class A misdemeanor possession (§ 220.03) to serious felonies for higher weights and sales. We defend possession and sale charges across NYC, Long Island, and Upstate.

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Overview

What you need to know about Drug Charges.

The basics, what we do, and the issues we see most.

How are drug charges classified in New York?

Quick Answer

Most New York drug charges fall under Penal Law Article 220 (controlled substances). Criminal possession of a controlled substance in the seventh degree (§ 220.03) is a Class A misdemeanor. Possession escalates with weight and substance — fifth degree (§ 220.06) is a Class D felony and third degree (§ 220.16) is a Class B felony. Selling is charged separately; criminal sale of a controlled substance in the third degree (§ 220.39) is a Class B felony. Cannabis is now largely regulated under New York’s Marijuana Regulation and Taxation Act rather than the Penal Law, so legal-amount possession is generally no longer a crime.

Services we offer for Drug Charges.

We defend controlled-substance charges from arrest through disposition:

Challenging the stop, search, and seizure under the Fourth Amendment
Contesting “constructive possession” when drugs were not found on you
Scrutinizing lab analysis, weight, and chain of custody
Pursuing judicial diversion and treatment alternatives where eligible
Negotiating reductions from felony to misdemeanor where the facts support it
Suppression hearings and trial

Scenarios we see most.

Possession charged after a car or street stop
“Constructive possession” in a shared car or apartment
Weight or substance disputes that drive the felony level
Alleged intent to sell based on packaging or quantity
Immigration consequences of a drug conviction

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

People Facing Misdemeanors

Theft, assault, trespass, and drug-possession charges in Criminal and District Courts.

People Facing Felonies

Indictments and serious charges handled through hearings, grand jury, and Supreme Court.

Drivers Arrested for DWI/DUI

The criminal charge plus the separate DMV license and chemical-test refusal proceedings.

Desk Appearance Tickets

People given a DAT or facing a first arrest, navigating arraignment and next steps.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

1
Step 1 of 4
Free, confidential case review
2
Step 2 of 4
Investigation — the stop, the search, and the lab evidence
3
Step 3 of 4
Suppression motions and negotiation
4
Step 4 of 4
Diversion, plea, or trial depending on your goals

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

Is drug possession a felony in New York?

Not always. Criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) is a Class A misdemeanor. Higher degrees — such as § 220.06 (fifth) and § 220.16 (third) — are felonies, driven by the weight and type of substance and whether a sale is alleged.

Question 2

Is marijuana still a crime in New York?

For most adults, possession of legal amounts of cannabis is no longer a crime under New York’s Marijuana Regulation and Taxation Act. Charges can still arise for unlicensed sale or amounts above the legal threshold. We can tell you whether what you’re facing is still chargeable.

Question 3

Can a drug case be dismissed if the search was illegal?

If police obtained the drugs through an unlawful stop or search, we can move to suppress that evidence. When key evidence is suppressed, the prosecution’s case often cannot proceed. Whether that applies depends on the specific facts of your stop.

Question 4

What is judicial diversion?

New York allows certain eligible defendants charged with drug felonies to enter court-supervised treatment instead of incarceration. Eligibility depends on the charge and history; we assess whether diversion is an option in your case.

Guides & resources