220.31 Criminal sale of a controlled substance in the fifth degree

New York law prohibits the sale of controlled substances. The seriousness of the offense depends on the exact details involved in the crime. It may depend on the substance involved, how much of the substance the person tries to sell, where it’s sold and the prior offenses of the person involved. The likely penalties for a violation also depend on these factors.

Varying Degrees of the Sale of a Controlled Substance

New York law divides sale of controlled substance offenses into degrees. The degrees are meant to indicate the seriousness of each offense as well as give courts guidelines for potential penalties based on the events involved. For criminal sale of a controlled substance, the seriousness of the offenses range from first degree to fifth degree. A first-degree offense is the most serious. A fifth-degree offense is the least serious.

The Offense

Criminal sale of a controlled substance in the fifth degree occurs when a person knowingly sells a controlled substance. The sale must be unlawful. That means, it’s not a crime for a licensed medical care provider to sell a controlled medicine by legal means. In addition, the state must prove that the person they charge sold the drugs knowingly. It may be a defense to the charges if another person tricks them into making the sale.

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Legal Scenario: What Would You Do?

Scenario

You were arrested outside a convenience store after an undercover officer claims you sold them a small amount of marijuana. The officer says you handed over the substance in exchange for $20, and now you're facing charges under New York Penal Law 220.31.

What exactly does a criminal sale of a controlled substance in the fifth degree charge mean for me, and what kind of penalties am I looking at?

Attorney's Answer

Under New York Penal Law Section 220.31, criminal sale of a controlled substance in the fifth degree is charged when a person knowingly and unlawfully sells a controlled substance, regardless of the type or amount. This offense is classified as a Class D felony, which carries a potential sentence of up to 7 years in prison, even for a first-time offender. However, depending on your criminal history and the specific circumstances of the transaction, an experienced defense attorney may be able to negotiate alternatives such as a drug treatment program or a reduction to a lesser charge. We would also scrutinize the undercover operation itself, including whether proper procedures were followed and whether any entrapment issues exist that could form the basis of your defense.

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

Fifth Degree Penalties