New York Jury Instruction - Controlled Substances - Conspiracy
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FAQ
Under our law, a person is guilty of Criminal Possession of a Controlled Substance in the Third Degree when that person knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate ...
Third degree criminal weapon possession is a Class D felony in the State of New York. It is one of four offenses in the Penal Code of New York that relate to possessing a weapon unlawfully. A weapon is a gun or other deadly and dangerous instrument such as a razor, a blackjack or a switchblade knife.
You will have committed the crime of criminal possession of a controlled substance in the third degree under New York Penal Code § 220.16 if you knowingly and unlawfully possess drugs narcotics or specified amounts of other specific types of controlled substances with the intent to sell.
?[U]nder New York Law, to establish a claim of civil conspiracy, the plaintiff 'must demonstrate the primary tort, plus the following four elements: an agreement between two or more parties; an overt act in furtherance of the agreement; the parties' intentional participation in the furtherance of a plan or purpose; and.
Under our law, a person is guilty of Conspiracy in the First Degree when, with intent that conduct constituting a class A felony be performed, he or she, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
This level of the offense is a class D felony, which means the sentence can be between two to seven years behind bars if convicted. The second highest level of the offense of conspiracy is class B felony and is charged when a person agrees with one or more persons to engage in conduct constituting a class A felony.
A person convicted of criminal possession in the fifth degree of a controlled substance faces a Class D felony penalty. The maximum jail time is seven years. If the convicted has no prior criminal history, the sentence could be less time in jail than if the convicted had a prior criminal history.
Because criminal possession of a controlled substance in the fourth degree is a class C felony, if you are convicted your possible sentence will be up to 15 years in prison. The minimum sentence that the judge will give you is either 3 1/2 or 7 years depending on whether or not you have a prior felony conviction.