New York Penal Code § 220.43: Criminal sale of a controlled substance in the first degree

Illegal drugs are extremely dangerous and could have a very negative impact on someone’s life. Because of this, there are many laws in the state of New York that are designed to control the illegal sale of drugs. One crime that is a very serious charge is criminal sale of a controlled substance in the first degree. If you are charged with this crime, you are facing a Class-A felony, which can come with very serious penalties.

To be charged with criminal sale of a controlled substance in the first degree, you must be possessing and looking to sell large quantities of certain drugs. If you are caught with two ounces or more of a narcotic or 2,800 milligrams or more of methodone, you could be charged with the crime.

Example of Crime
There are many examples that could constitute and support being charged with criminal sale of a controlled substance in the first degree. One common example is if police obtain a warrant to search an apartment. During their search, they may be able to charge someone with criminal sale of a controlled substance in the first degree if they had more than two ounces of a controlled substance and are also able to confirm that they person was looking to sell the narcotic.

Related Crimes
There are many other crimes that are similar and related to criminal sale of a controlled substance in the first degree. Beyond having possession and intent to sell narcotics, you could also be charged with simply possessing the drugs. Depending on how much you have in possession and the scope of the sale attempt, you could also be charged as a major trafficker. In either situations, you will be facing very serious felonies.

Defenses
If you are charged with criminal sale of a controlled substance in the first degree, it is important that you have a good defense strategy in place. When you are charged with criminal sale of a controlled substance in the first degree, one of the first strategies could be to state that you were not intending to sell. Intent to sell can be hard to prove and unless the police have very good evidence of this, it could allow you to negotiate a lower plea.

In most situations, people that are charged with criminal sale of a controlled substance in the first degree will have had their homes or cars searched. If the police did not have a warrant to do this, they could have searched your home illegally. If this is the case, you could have the charged dropped and thrown out completely.

Sentencing
If you are charged with criminal sale of a controlled substance in the first degree, you could be facing some very serious penalties. Drug charges are very serious in New York and come with stiff penalties if you are convicted. This is a class-A1 felony which will come with a minimum sentence of at least 15 years. Those that are repeat offenders or have larger quantities of narcotics on hand could be facing up to 40 years in jail. In some cases, you may also not qualify for parole.

Due to the seriousness of this charge, it is important that you have good legal representation if you are charged with this or any other related crime. When you hire a defense attorney, you will receive the support you need to receive a consultation on your case and also come up with a good defense strategy. This could help you to fight the charges entirely or negotiate a plea that will come with a lesser sentence. Even if you are convicted of criminal sale of a controlled substance in the first degree, the attorney may be able to work to get you a more lenient sentence.

Categories:

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    CONTACT US TODAY TO SCHEDULE YOUR INITIAL FREE CONSULTATION