How to Beat a PL 220.16 Charge

PL 220.16 is one of the most common felony drug charges in New York. This guide discusses typical defenses and outcomes for PL 220.16 cases.

If you are facing a PL (Penal Law) 220.16 charge, an experienced NYC drug crime lawyer may be able to get your charge reduced or completely dismissed. Contact Cody Warner, P.C. for a free consultation. We can analyze your case to determine the best criminal defense strategy for your case.

What is a PL 220.16 Charge?

PL 220.16 is the New York criminal statute for Criminal Possession of a Controlled Substance in the Third Degree. The charge has different subsections, which means that you can be charged with PL 220.16 under several different legal theories. However, PL 220.16 is most charged when a person possesses a narcotic with the intent to sell it.

PL 220.16 is a class B felony. The sentencing range for PL 220.16 is one to nine years in prison or more if you have a recent felony conviction. Even if you are guilty, an experienced nyc criminal lawyer may be able to work out a deal to a reduced charge that results in no jail sentence.

Common Defenses to PL 220.16

Although a variety of defenses exist for the PL 220.16 charge, the most common defenses are no possession and no intent to sell.

No Possession

As you’d expect, the no possession defense is used when you didn’t possess the drugs. This defense is typically used when the drugs are recovered from a car or home.

For instance, if the police pull over a vehicle with four passengers inside, and the police find a bag of narcotics under the back seat, each of the passengers may have a strong argument that they didn’t possess the drugs or know that the drugs were in the car.

A similar logic applies to when drugs are recovered from a home. Let’s say the police execute a search warrant in a home and find drugs under a couch in the living room. Four people live in the home. Without additional evidence, the prosecution may have difficulty proving that any one individual was the possessor of the drugs found under the couch.

No Intent to Sell

Simply possessing narcotics is not enough to be convicted of PL 220.16. You must have the intent to sell the narcotics. Oftentimes, the prosecution charges a person with PL 220.16 when the amount of drugs recovered is substantial, and the prosecution believes that you intended to sell the drugs.

However, many people unfortunately suffer from substance abuse and keep large quantities of drugs to support their habit. If the prosecution doesn’t have other evidence to support a claim that you were selling the drugs, then you may have a strong defense that the drugs were for personal use and therefore you had no intent to sell.

Typical Outcomes for PL 220.16 Charges

The outcome of a PL 220.16 case can significantly vary. Of course, if you have a strong defense, then you stand to get your charges completely dismissed.

Even if you are guilty, you could get a good outcome. If you have never been arrested before, a skilled criminal defense lawyer may be able to get your charges dropped or reduced so that you don’t get a criminal record or go to jail. On the other hand, if you have a criminal record and been recently convicted of a felony, then you could certainly face prison time.

Need Help with a PL 220.16 Charge?

If you are charged with PL 220.16 in New York City, contact Cody Warner, P.C. for a free consultation. We can assess your case and develop a strategy to get you the best possible outcome.