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New York Penal Code § 220.44: Criminal sale of a controlled substance in or near school grounds

New York Penal Code § 220.44: Criminal sale of a controlled substance in or near school grounds

The state of New York penalizes criminals in a severe way for the criminal sale of a controlled substance in or near school grounds. This charge is a serious one and can hold lasting repercussions for perpetrators and their loved ones. If you or someone you know is facing a charge of criminal sale of a controlled substance in or near school grounds, here are the answers to some of the most frequently asked questions regarding this charge.

What constitutes the criminal sale of a controlled substance in or near school grounds?

A charge of criminal sale of a controlled substance in or near school grounds is made when an individual is suspected of selling or possessing on a school campus or within a specific distance of a school campus.

What kind of sentences are given for a conviction of criminal sale of a controlled substance in or near school grounds?

Criminal sale of a controlled substance in or near school grounds in New York is a class B felony and can carry a prison sentence of up to 25 years in prison. With no previous felony convictions, those convicted of this crime can receive a minimum of 5 years in prison. If the convict has previous felonies or drug offenses, however, the minimum sentence for this crime rises to 10 years in prison and a fine of $30,000.

What actions can result in getting charged with criminal sale of a controlled substance in or near school grounds?

Actions that can result in receiving a charge of criminal sale of a controlled substance in or near school grounds include the following:

  • Selling drugs on a school campus
  • selling drugs at or near a child day care center
  • Selling drugs in or near a school bus
  • Selling drugs at an educational facility
  • Selling drugs at an athletic playing field belonging to a school
  • Selling drugs at a private home child care center
  • Selling drugs at pre-kindergarten facilities

What happens after an arrest is made for criminal sale of a controlled substance in or near school grounds?

After a suspect has been arrested for criminal sale of a controlled substance in or near school grounds, they will be booked in a local jail facility and given a date for an arraignment. It is important to find adequate legal representation as soon as the arrest is made.

What happens after the arraignment for criminal sale of a controlled substance in or near school grounds?

During the arraignment, the arrested person will be granted bail and can be released from jail upon payment of this bail. If the arrested person has a prior history of drug related charges, bail may be very high or not be granted at all. Following the arraignment a trial date is given and the arrested party will have time to develop a legal strategy with an attorney.

What kind of defenses can I use for a charge of criminal sale of a controlled substance in or near school grounds.

Common defenses for the charge of criminal sale of a controlled substance in or near school grounds include appeals to distance. If the place where the drugs were sold is outside of the New York State statute for this charge, the suspect may be able to be brought up on lesser charges.

How can prison be avoided with a charge criminal sale of a controlled substance in or near school grounds.

This charge is a class B felony and if a suspect is convicted, there is a mandatory prison sentence.

As with any criminal charge, it is important to gain all the information you can when facing this charge. Legal consultations can often be gained for no cost during emergency situations.

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