220.43 Criminal sale of a controlled substance in the first degree

New York law has a wide array of controlled substance laws. These laws prohibit possessing and selling certain substances. The offenses are divided into categories based on the maximum possible penalty for the offense. The most severe of the offenses for selling a controlled substance is criminal sale of a controlled substance in the first degree.

First-degree charges

Sale of drugs in the first degree in New York can happen in two ways: First, a person can sell one or more narcotic drugs or mixtures of narcotic drugs weighing two ounces or more. Second, a person can sell 2,880 milligrams or more of methadone. If a person sells a different controlled substance or a narcotic substance in lesser amounts, or has a glass bong/glass pipe, or an illegal THC E liquid the offense is a lesser degree charge. A first-degree conviction is a class A-I felony. A conviction for an A-I felony brings a sentence of many years in prison. The exact sentence depends on a number of factors, but a typical sentence can be as much as 25 years.

Preparing for your defense

When you’re facing charge as severe as a first-degree criminal sale of a controlled substance charge, it’s important to take the matter seriously. A trial date can approach quickly, and there are important things that you need to do in order to prepare your defense. You have the right to a trial by jury, and it’s important to exercise that right when you’re facing such serious charges.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after an undercover operation where police allege you sold two ounces of a narcotic drug to a confidential informant over multiple transactions. The prosecutor has charged you under New York Penal Law § 220.43, criminal sale of a controlled substance in the first degree, and you are facing the possibility of significant prison time.

What kind of sentence am I facing for a first-degree criminal sale charge, and is there any way to fight this?

Attorney's Answer

Criminal sale of a controlled substance in the first degree under Penal Law § 220.43 is a class A-I felony, carrying a maximum sentence of life in prison and a minimum of 15 to 25 years depending on your criminal history. However, there are several defense strategies we can pursue, including challenging the chain of custody of the alleged substance, questioning the reliability and motives of the confidential informant, and scrutinizing whether law enforcement conducted the undercover operation within constitutional bounds. If the evidence against you involved warrantless searches or coerced statements, we may be able to file suppression motions under CPL § 710.20 to exclude key evidence. Every detail of how this investigation was conducted matters, and a thorough review of the discovery materials could reveal weaknesses in the prosecution's case.

This is general information only. Contact us for advice specific to your situation.

Possible defenses

There are multiple defenses that may be available to you when you’re facing a controlled substance charge. The exact defenses you may choose to raise depend on the details in your case. Here are some of the defenses you may want to use:

Fourth Amendment Violations