New York Criminal Drug Sale Defense Lawyer

Accused of Selling or Distributing Drugs in New York State?

Get the top legal advice you need on these serious charges.

Charges involving selling or distributing drugs are among the most serious felonies in the New York statues, and are prosecuted harshly. You need experienced legal advice to avoid and reduce the risk of serious jail time if you are found guilty.

Are there Good Legal Defenses to Fight Drug Sale Offenses?

Yes, absolutely. Defending serious drug charges usually involves one of 3 basic strategies.

1 – Contest possession/ownership. If you are riding in a car with someone who happens to be transporting a quantity of drugs, you can be charged with the crime also. But the prosecution has to prove that the drugs were yours, and that you knew they were there.

2 – Challenge the search. You have a right to legal protection from search and seizure without a warrant. If the police searched your car, home or your person without permission and without a warrant, then they may have violated your Constitutional rights, and the results of the search cannot be used against you. There are a few exceptions to the search rules (plain view, exigent circumstances), but the police are bound to a strict interpretation of the law, and they must follow it.

3 – Get the charges reduced. A charge of distribution or sale of drugs can be “overcharged”. That is, you shouldn’t be charged with sale if the drugs were for your personal use. I will argue to get charges in these case reduced to straight possession, to at least take some of the most serious charges and risks of penalties off the table.

There are many other defenses that we can use in court, these are just some common examples. Every case is different, so please contact us as soon as possible for a legal defense consultation to discuss your options.

And remember, act quickly to preserve every imaginable legal defense. The sooner an attorney is working on your site, the more options you will have in challenging the case in court.

Penalties for Drug Sales under NY State Law

Sale of Drugs (other than Marijuana) –

A1 – Criminal Sale of a Controlled Substance in the First Degree – 220.43

In order to prove that someone is guilty of Criminal Sale of a Controlled Substance in the first degree, it must be established that the individual:

knowingly and unlawfully sells –

(1) one or more preparations, compounds, mixtures, or substances of an aggregate weight of two or more ounces containing a narcotic drug; or

(2) two thousand eight hundred and eighty milligrams or more of methadone.

A2 – Criminal Sale of a Controlled Substance in the Second Degree – 220.41

In order to prove that someone is guilty of Criminal Sale of a Controlled Substance in the Second Degree, it must be established that the individual:

knowingly and unlawfully sells –

(1) one or more preparations, compounds, mixtures, or substances of an aggregate weight of 0.5 ounces or more containing a narcotic (Cocaine and Heroin) drug; or

(2) one or more preparations, compounds, mixtures, or substances of an aggregate weight of 0.5 ounces or more of Methamphetamine, its salts, isomers, or salts of isomers; or

(3) 5 grams or more of a stimulant; or

(4) 5 milligrams or more of LSD; or

(5) 125 milligrams or more of an hallucinogen; or

(6) 5 grams or more of a hallucinogenic substance; or

(7) 360 milligrams or more of Methadone.

B Non-Violent – Criminal Sale of a Controlled Substance in or near School – 220.44

In order to proved that someone is guilty of Criminal Sale of a Controlled Substance in or near a School, it must be established that the individual:

knowingly and unlawfully sells –

(1) a controlled substance in violation of the crime of Criminal Sale of a Controlled Substance in the Fourth Degree, when the sale takes place upon school grounds; or

(2) a controlled substance in violation of the crime of Criminal Sale of a Controlled Substance in the Third Degree, when the sale takes place upon school grounds.

“School Grounds” means –

(1) in or on or within any building, structure, athletic playing field, playground or land contained within the boundary of a public or private elementary, parochial, intermediate, junior high, vocational or high school, OR

(2) an area accessible to the public located within one thousand feet of the boundary line of any such school.

B Non-Violent – Criminal Sale of a Controlled Substance in the Third Degree – 220.39

In order to prove that an individual is guilty of Criminal Sale of a Controlled Substance in the Third Degree, it must be established that the individual:

knowingly and unlawfully sells –

(1) a narcotic drug, or

(2) a stimulant, hallucinogen, hallucinogenic substance, or LSD and has previously been convicted of a controlled substances offense or the attempt or conspiracy to commit such an offense; or

(3) 1 gram or more of a stimulant; or

(4) 1 milligram or more of LSD; or

(5) 25 milligrams or more of a hallucinogen; or

(6) 1 gram or more of a hallucinogenic substance; or

(7) 1 or more preparations, compounds, mixtures or substances of an aggregate weight of 0.125 ounce or more containing Methamphetamine, its salts, isomers or salts of isomers; or

(8) 250 milligrams or more of phencyclidine; or

(9) a narcotic to a person less than twenty-one years old.

C Non-Violent – Criminal Sale of a Controlled Substance in the Fourth Degree – 220.65

In order to prove than an individual is guilty of Criminal Sale of a Controlled Substance in the Fourth Degree, it must be established that the individual:

knowingly and unlawfully sells –

(1) a narcotic preparation; or

(2) 10 ounces or more of a dangerous depressant or two pounds or more of a depressant; or

(3) concentrated cannabis; or

(4) 50 milligrams of phencyclidine; or

(5) Methadone; or

(6) any amount of PCP and has previously been convicted of a controlled substance offense or the attempt or conspiracy to commit any such offense; or

(7) a controlled substance in violation of the crime of Criminal Sale of a Controlled Substance in the Fifth Degree, when such sale takes place upon school grounds.

D Non-Violent – Criminal Sale of a Controlled Substance in the Fifth Degree – 220.31

In order to prove than an individual is guilty of Criminal Sale of a Controlled Substance in the Fifth Degree, it must be established that the individual:

(1) Knowingly and unlawfully sells a controlled substance

Sale of Marijuana –

C Non-Violent – Criminal Sale of Marijuana in the First Degree – 221.55

In order to prove that an individual is guilty of Criminal Sale of Marijuana in the First Degree, it must be established that the individual:

Knowingly and unlawfully sells –

(1) more than 16 ounces of marijuana.

D Non-Violent – Criminal Sale of Marijuana in the Second Degree –221.50

In order to prove that an individual is guilty of Criminal Sale of Marijuana in the Second Degree, it must be established that the individual:

Knowingly and unlawfully sells –

(1) between 4 and 16 ounces of marijuana, or

(2) sells marijuana to a person less than eighteen years of age.

E Felony – Criminal Sale of Marijuana in the Third Degree – 221.45

In order to prove than an individual is guilty of Criminal Sale of Marijuana in the Third Degree, it must be established that the individual:

Knowingly and unlawfully sells –

(1) between 25 grams and 4 ounces of marijuana.

A Misdemeanor – Criminal Sale of Marijuana in the Fourth Degree – 221.40

In order to prove than an individual is guilty of Criminal Sale of Marijuana in the Fourth Degree, it must be established that the individual:

Knowingly and unlawfully sells –

(1) marijuana.

B Misdemeanor – Criminal Sale of Marijuana in the Fifth Degree – 221.35

In order to prove than an individual is guilty of Criminal Sale of Marijuana in the Fifth Degree, it must be established that the individual:

Knowingly and unlawfully sells –

(1) two grams or less containing marijuana, or

(2) one cigarette containing marijuana.

 

Free Consultation on New York Drug Sale, Distribution, and Possession Laws & Penalties

If you’ve been arrested for Criminal Sale or a Controlled Substance, narcotic, or drug  in New York state, call us anytime for a legal consultation and case evaluation.

We’ll answer your questions about what you are facing, let you know exactly what we can do to help you, talk about possible penalties if you are found guilty, and exactly what it will cost to hire us to defend you in court. There’s no obligation, so contact us right away.

(888) 435-4744

The Lawyers of NewYork-Defense-Lawyer.com

 

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