Westchester County · PL 220.06

Criminal Possession of a Controlled Substance in the Fifth Degree Lawyer in Westchester County — Westchester Family Court

This offense has several alternative routes: possession of a controlled substance with intent to sell, possession meeting specified drug-and-weight thresholds, or possession of ketamine with a qualifying prior conviction. Each route requires knowing and unlawful possession, but intent to sell and a prior conviction are required only for the alternatives that expressly include them.

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One mistake should not define your life

Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.

If you or a loved one is facing Criminal Possession of a Controlled Substance in the Fifth Degree allegations connected with Westchester Family Court in Westchester County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.

How this charge moves through this court

Westchester Family Court is located at White Plains: 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601 · Yonkers: 131 Warburton Avenue, 3rd Floor, Yonkers, NY 10701 · New Rochelle: 26 Garden Street, New Rochelle, NY 10801. Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.

Family Court does not try adult criminal prosecutions. A criminal accusation can overlap with family matters such as an order of protection; Yvonne can help you understand how the proceedings relate and which court will address each matter.

What happens at your first appearance

Before your appearance at Westchester Family Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.

If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.

Definition under New York law

PL 220.06 · Original statutory wording; excerpts must be read together with the full section.

§ 220.06 Criminal possession of a controlled substance in the fifth degree. A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses: 1. a controlled substance with intent to sell it; or 2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or 3. phencyclidine and said phencyclidine weighs fifty milligrams or more; or 5. cocaine and said cocaine weighs five hundred milligrams or more. 6. ketamine and said ketamine weighs more than one thousand milligrams; or 7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or 8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more. Criminal possession of a controlled substance in the fifth degree is a class D felony.

Read the full section at the New York State Senate

In everyday language

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.

CPL § 70.20

What the prosecutor must prove

The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.

The prosecution must prove beyond a reasonable doubt that the person accused knowingly and unlawfully possessed the specified substance and met at least one of the following alternatives. These are alternatives, not cumulative requirements.
Subdivision 1: A controlled substance, with intent to sell it; no minimum weight is specified.
Subdivision 2: One or more preparations, compounds, mixtures, or substances containing a narcotic preparation, with a combined weight of at least one-half ounce.
Subdivision 3: Phencyclidine weighing at least 50 milligrams.
Subdivision 5: Cocaine weighing at least 500 milligrams.
Subdivision 6: Ketamine weighing more than 1,000 milligrams; exactly 1,000 milligrams does not meet this alternative.
Subdivision 7: Ketamine, plus a previous conviction for possession or attempted possession of ketamine in any amount; this alternative specifies no minimum current weight.
Subdivision 8: One or more preparations, compounds, mixtures, or substances containing gamma hydroxybutyric acid as defined in Public Health Law section 3306, schedule I(e)(4), with a combined weight of at least 28 grams.
Intent to sell is required under subdivision 1, but not under the other listed alternatives; the prior-conviction requirement applies to subdivision 7.

Defenses that commonly apply

A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.

What evidence establishes knowing and unlawful possession by the person accused?
Do the substance identification and weight measurements satisfy the particular alternative alleged, including the distinction between combined mixture weight and the weight of the named drug?
If the allegation relies on intent to sell or a prior ketamine conviction, what evidence establishes that intent or the qualifying conviction?

Penalties and collateral consequences

Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.

A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.

Weight and intent-to-sell allegations are the heart of this charge. A reduction to a possession violation can change a felony record into a much smaller one.

An experienced attorney, a strategy built around you

Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.

If the police made a mistake, the truth matters

Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.

Working together on your defense

Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.

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Common questions about your defense

Does the absence of intent to sell defeat a fifth-degree possession charge?

If the charge relies on subdivision 1, a lack of proof of intent to sell may support a defense because that alternative expressly requires it. Other alternatives instead require specified substances and weights, or ketamine possession with a qualifying prior conviction, so absence of sales intent alone does not resolve them. The prosecution must prove knowing and unlawful possession and every requirement of the applicable alternative beyond a reasonable doubt.

Why is starting a defense early imperative?

An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.

How does an experienced lawyer help build the best possible defense?

Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.

Does an arrest or police report prove the charge?

No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.

Can the charge be dismissed or reduced?

That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.

Every case turns on its own facts. The information on this page is general, not legal advice.

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