A Buffalo Area Defense Attorney Explains The Penalties For Criminal Possession Of A Controlled Substance In The Fifth Degree (NY PL 220.06)

Defense Lawyer For Criminal Possession of a Controlled Substance in the 5th Degree Charges

Criminal Possession of a Controlled Substance in the Fifth Degree is a class D felony in New York State.

A Buffalo resident convicted of this offense would have a permanent criminal record and face severe penalties.

Even for a person with no prior criminal record, a conviction for Criminal Possession of a Controlled Substance in the Fifth Degree carries a potential sentence of imprisonment of up to 2½ years, followed by a period of parole supervision of up to one year.

If the court determines that leniency is warranted, a sentence of up to five years of probation may be imposed in place of incarceration. It is also possible for the court to sentence the defendant to a jail term of 6 months or less and impose a lengthy period of probation after release from jail.

The court may also impose a fine of up to $5,000 in addition to – or in place of – a sentence of imprisonment.

This will be accompanied by a mandatory surcharge of $300, a crime victim assistance fee of $25, and a DNA fee of $50.

Possession of drugs charges can lead to serious criminal penalties.

If you need legal help, we can be reached at 716-542-5444.

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