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New York Penal Code § 220.48: Criminal sale of a controlled substance to a child

New York Penal Code § 220.48: Criminal sale of a controlled substance to a child

Selling drugs to a minor comes with serious consequences, and under New York law, they classify it as a class C felony. However, you have to sell specific amounts of the drug to a minor to catch this charge. For example, you have to sell over 10 ounces of concentrated cannabis or methadone for the police to charge you with this crime. You would need to have sold over 50 milligrams of phencyclidine or more for you to get charged with this.

Largely Depends on the Drug

What you get charged with will largely depend on the drug because different drugs have different amounts to them. For example, to get a conviction for criminal sale of a controlled substance to a child, law enforcement will have to prove that you sold over 4,000 grams of ketamine. Every drug varies in punishment.

Harsh Punishments

If you do get convicted of criminal sales of a controlled substance to a minor, you will face harsh sentencing. For example, if you had a previous felony conviction, you could be facing anywhere from 10 to 25 years in a federal penitentiary. Without a previous felony conviction, it could be anywhere from five years up to 25 years in prison. The type of drug that was sold will be what determines if you get charged with a class B felony or a class C felony. Class C felonies are less severe than what you get with a class B felony. However, a class C felony will still be more severe than a class D felony. Along with time spent in prison, you could also have to pay up to $30,000.

Examples of Criminal Sale of a Controlled Substance to a Child

Let’s say that you are 25 years old, and you sold 4,500 grams of ketamine to your nephew who is 15. Your nephew told the police that you were the one who sold it to him. Under these circumstances, you could be charged with criminal sale of a controlled substance. Any time that you sell a large number of drugs to a minor, you could be facing some serious time in prison, especially if you have a previous felony conviction.

What are the Defenses for This Crime?

The biggest way that lawyers defend their clients from this crime is to prove that the amount sold was below the requirement that the courts need for a conviction. This is one of the easier ways that you can be acquitted of this crime. Another way that they can defend a client is by saying that they didn’t know the person was under the age of 17. If you sold drugs to a younger family member, however, it could be hard to use this defense because most family members will know if they’re above the age of 18 or not. To get charged with this, you have to have “knowingly” sold to someone who was under the age of 17.

Serious Charges Require a Good Lawyer

These are serious charges put against you, and you must have a good lawyer to defend you from these charges. Some people believe that they can get away with a public defender. We don’t recommend choosing this route because a public defender takes on many cases, and they won’t give the level of care and attention that is required.

Under New York law, the criminal sale of a controlled substance to a child can be a serious charge. You don’t want to risk these charges sticking to you, and having an attorney can help you to have someone on your side who defends your rights. In some cases, the courts will find a person guilty. However, having the right lawyer stand behind you can help you to get a reduced sentence because they can spot the different laws that can help you to get a better sentence than what you would’ve gotten otherwise.

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