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Last Updated on: 13th March 2023, 01:06 pm
Drug-related crimes are taken seriously in the state of New York, especially criminal sale of a controlled substance to a child. The consequences of this crime can be severe, and it is essential to educate yourself about the law and what it entails. At Spodek Law Group, we have a team of experienced drug crimes lawyers who can assist you in your case.
According to New York Penal Law 220.48, criminal sale of a controlled substance to a child is defined as knowingly and unlawfully selling a controlled substance to someone under the age of 17 when the seller is over 21 years old. Note that the “knowingly” aspect refers to the sale of a controlled substance, not the age of the child. Even if you were unaware that the person was under 17, you can still be convicted of this crime. The city considers selling to include exchanging, giving, offering to sell, or promising to sell a controlled substance. Unless you are someone with legal permission to sell the substance, such as a pharmacist filling a prescription, the sale is unlawful. Controlled substances can include narcotics, stimulants, hallucinogens, and more.
A conviction for criminal sale of a controlled substance to a child is a class B felony, which can lead to severe consequences. If you have never been convicted of a felony before, you can expect at least five years in prison, while those with past felonies typically receive at least ten. The maximum sentence is 25 years. Additionally, the initial charge can lead to other related charges, such as child endangerment, depending on the circumstances. The court decides the exact sentence on a case-by-case basis, taking factors like the type and amount of drugs sold and the age of the child into account. In addition to prison time, you may face other legal consequences such as fines of up to $30,000, probationary periods, and restitution payments to victims.
The prosecution must prove that you knowingly and unlawfully sold a controlled substance to someone under 17 while you were over 21 years old to convict you of criminal sale of a controlled substance to a child. To defend yourself, you and your lawyer can argue that one or more of these requirements were not met. Possible defenses include claiming that the substance sold was not a controlled substance, you were not involved in the sale, you did not sell or give the substance to the minor, you were unaware that the substance was controlled, you sold the substance to another party who was not underage, or the sale took place when you were not over 21 or the buyer was not under 17. Your lawyer may also examine the circumstances surrounding your arrest for unconstitutional searches or interrogation techniques that could lead to your case being thrown out.
At Spodek Law Group, we have handled many criminal sale of a controlled substance to a child cases and understand the seriousness of this charge. Our team of experienced drug crimes lawyers can help you defend your rights and achieve the best possible outcome in your case. Call us at 888-729-7065 to schedule your free consultation with Attorney Todd Spodek today.
Legal Consequences | Prison Time | Fines | Probationary Periods | Restitution Payments |
---|---|---|---|---|
Maximum Penalty | 25 years | $30,000 | Case-by-Case Basis | To Victims |
First-time Conviction | At least five years in prison | Up to $30,000 | Possible | Possible |
Past Felony Convictions | At least ten years in prison | Up to $30,000 | Possible | Possible |
When facing a criminal sale to a child charge, it is crucial to have a reliable lawyer on your side who can protect your rights and defend your case. At Spodek Law Group, our experienced team of drug crimes lawyers, led by Attorney Todd Spodek, can provide you with the representation you need to obtain a favorable outcome in your case.
We understand the severity of this crime and the impact it can have on your life. We will work tirelessly to investigate the details of your case and build a solid defense strategy. We will use emotionally charged words and show instead of tell language to demonstrate the level of professionalism and deep understanding of the law that we possess.
With our experience handling criminal sale to a child cases, we can guide you through the legal process and ensure that your rights are protected. Contact us today at 888-729-7065 to schedule your free consultation with Spodek Law Group’s drug crimes lawyers. Trust us to handle your case with professionalism, experience, and empathy.
We understand that being accused of a criminal sale to a child charge can be a difficult and emotional time for you and your loved ones. Our team is committed to providing you with the support and guidance you need during this challenging time.
We will use emotionally charged language to highlight the seriousness of the charges against you and the possible consequences. Our lawyers will work to ensure that your defense is strong and compelling, emphasizing your innocence and protecting your rights at every step of the legal process.
At Spodek Law Group, we have a deep understanding of the law and the experience necessary to handle even the most complex criminal sale to a child cases. Our team has a track record of success in these cases and has helped many clients achieve favorable outcomes. We will use our expertise and knowledge to ensure that you receive the best possible defense.
In conclusion, if you are facing criminal sale to a child charges in New York, don’t hesitate to contact Spodek Law Group. Our drug crimes lawyers are here to help you every step of the way, using compelling language and a deep understanding of the law to achieve the best possible outcome for you. Call us today at 888-729-7065 to schedule your free consultation with Attorney Todd Spodek.
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