Criminal Possession of a Controlled Substance in the Fifth Degree

Criminal possession of a controlled substance in the fifth degree is a class “D” felony, and is an extremely serious charge. There are eight different ways you can be charged with this offense, some more common than others.

The two most common forms of this criminal possession charge are subsections 1 and 5.

  • Subsection 1 makes it unlawful to possess any controlled substance with the intent to sell it.
  • Subsection 5 makes it unlawful to possess cocaine weighing 500 milligrams or more.

Other Charges

Criminal possession charges for the other subsections are less prevalent, and require extreme attention to detail by a criminal defense attorney defending you. Those remaining subsections, make it unlawful to possess:

  • More than 50 milligrams of phencyclidine
  • More than 1,000 milligrams of ketamine; or, any amount of ketamine where you have previously been convicted of
  • A quarter ounce or more of concentrated cannabis
  • A half ounce or more of any preparation, mixture or substance containing a narcotic preparation
  • An ounce or more of any preparation, compound or mixture containing gamma hydroxybutyric acid (otherwise known as a date rape drug)

What Happens If You Are Convicted of Criminal Possession in the 5th Degree? Contact an Albany Criminal Defense Lawyer

If convicted of criminal possession of a controlled substance in the fifth degree — a class “D” felony — you will be exposed to as much as 2 1/2 years in prison. You will also be saddled with a life-long felony criminal record.

These cases are extremely fact sensitive and require immediate attention by an experienced criminal defense lawyer that has a demonstrated acumen for fighting drug cases. If you are charged, you can’t afford to place your trust in the wrong attorney.

Matthew Hug is an experienced Albany criminal defense lawyer with nearly ten years of fighting for his clients’ rights in criminal court on cases including drug crimes. Matthew serves clients in Albany, Saratoga, Schenectady and Troy – among other areas in New York’s Capital Region.

Have you been accused of a drug crime and live in Upstate NY?

Don’t wait! Contact Matthew Hug today or give him a call at 518.283.3288.