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§ 220.03 Criminal possession of a controlled substance in the seventh
A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state’s syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.
Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
Understanding the Charge of New York Criminal Possession in the 7th Degree
What is Criminal Possession of a Controlled Substance 7th Degree?
Explore very well New York Penal Law Section 220.03 with explanations and statement from New York City Criminal Lawyer Don Murray. The following article can lay out the precise language of the law (in italics like this) and Don Murray will add explanations and commentary [in brackets like this] in order that you’ll be able to really perceive a number of the problems concerned once someone is charged with this offense.
S 220.03 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE.
[People usually marvel regarding the importance of the “degree” of associate offense. It extremely isn’t all that mysterious. Often, the assembly defines a series of connected offenses in a very ladder of accelerating seriousness. Each different, increasing level of seriousness, represents a a lot of serious crime. It is tempting to imagine that the upper the quantity (or degree) of an offense, the MORE serious it’s. And this actually may are one thanks to have it off. But New York did NOT do it that way. Custom in New York is that the higher the level or “degree” of a criminal offense, the LESS serious it is. Therefore, if a crime is within the “First” degree, that may typically be the foremost serious version of the offense there’s in New York. On the opposite hand, a awfully high level, or degree, like “Seventh” degree will mean that the offense is a smaller amount serious. In the case of Criminal Possession of a Controlled Substance, the seventh Degree is that the highest degree there is in New York. That means Criminal Possession of a Controlled Substance in the Seventh Degree is the LEAST serious Criminal Possession of a Controlled Substance offense. (Criminal Possession of a Controlled Substance within the FIRST degree would be the foremost serious version, and really carries penalties just like the penalties related to a murder case.]
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES A CONTROLLED SUBSTANCE;
[So Criminal Possession of a Controlled Substance in the Seventh Degree is a pretty straightforward offense, in that there aren’t a lot of different versions (or flavors if you have been reading my other commentaries on the laws). This is it. No subsections. No paragraphs. No fuss. No muss. But even in a simple one trick pony like this, there are still a few requirements in the “recipe” for this crime.
In order to be guilty of this offense, a person must 1) knowingly and unlawfully possess something, and 2) that something must be a controlled substance.
On its face, it really couldn’t get any simpler, right? Were you in possession of something? That seems pretty simple. And was that something a controlled substance? Very Simple.
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