Last Updated on: 12th March 2023, 02:34 am

Criminal Sale of Marijuana in the Third Degree under NY Penal Law § 221.45

Marijuana is one of the most commonly used drugs in the world. In New York, the sale of marijuana is a serious criminal offense that carries significant penalties. At Spodek Law Group, Attorney Todd Spodek has successfully defended numerous clients charged with criminal sale of marijuana in the third degree. Our team of experienced lawyers has the skills and knowledge to help you fight these charges and achieve the best possible outcome in your case.

Understanding Criminal Sale of Marijuana in the Third Degree

Under the New York Penal Code, there are five offenses related to the sale of marijuana, including two misdemeanors and three felonies. The most serious of these is criminal sale of marijuana in the third degree, which is a felony offense that involves the sale of over 25 grams of marijuana.

It is essential to note that this law encompasses not only the sale of marijuana for cash but also any exchange, offer, or agreement to do so. Even if you did not receive anything in exchange for passing marijuana to another person, you could still be convicted under this statute. The definition of selling, as per New York Penal Code § 220.001(1), also includes giving or disposing of marijuana to another person.

Marijuana encompasses various compounds, substances, preparations, and mixtures containing marijuana. Hence, the definition of marijuana in the statute is comprehensive and all-encompassing.

An Example

Suppose you are caught selling marijuana to someone, even if the sale was not completed, and the quantity involved was 100 grams. In that case, you could be charged with criminal sale of marijuana in the third degree. In such situations, it is essential to have a competent attorney on your side who can fight these charges and protect your rights.

Offenses Related to Criminal Sale of Marijuana in the Third Degree

Several offenses are related to criminal sale of marijuana in the third degree, including criminal possession of marijuana in the third degree (NY Penal Code § 221.20), criminal sale of a controlled substance in the third degree (NY Penal Code § 220.39), and criminal possession of a controlled substance in the third degree (NY Penal Code § 220.16).

Possible Defenses

If you are facing criminal sale of marijuana charges in the third degree, there are several defenses available to you. For instance, if you can demonstrate that the amount of marijuana involved in the occurrence was less than 25 grams, then you would have a valid defense to the charge.

At Spodek Law Group, we have successfully used various defenses to help our clients get their charges reduced or dismissed. Our experienced attorneys will thoroughly investigate your case and help you determine the best possible strategy to fight these charges.

Sentencing for Criminal Sale of Marijuana in the Third Degree

If you are convicted of criminal sale of marijuana in the third degree, you could face severe penalties, including a maximum prison sentence of four years, a fine, and a five-year probation term. Several factors will determine your sentence, such as the crime committed, the details of the crime, your criminal history, and your personal background.

If you are a first-time offender, your sentence will likely be less severe than if you have a criminal history. To ensure the best possible outcome in your case, you need an experienced attorney who can present your case in the best light possible.

Get Help from an Experienced Attorney

At Spodek Law Group, Attorney Todd Spodek and his team have years of experience defending clients charged with criminal sale of marijuana in the third degree. We understand the seriousness of these charges and are committed to protecting your rights and fighting for the best possible outcome in your case.

Our team of lawyers has a deep understanding of the law and the legal system. We use our knowledge and expertise to craft compelling arguments that highlight the weaknesses in the prosecution’s case and present your case in the best possible light.

We understand that facing criminal charges can be a stressful and overwhelming experience. That is why we offer our clients compassionate and personalized attention. We work closely with you to understand your situation, answer your questions, and keep you informed every step of the way.

We also understand the importance of clear communication. We will keep you informed about the progress of your case and answer any questions you may have promptly. Our goal is to ensure that you are fully informed about your legal options and feel confident about the decisions you make.

Conclusion

If you are facing criminal sale of marijuana charges in the third degree, do not hesitate to contact Spodek Law Group. Our team of experienced attorneys can help you fight these charges and achieve the best possible outcome in your case. With our deep understanding of the law and the legal system, we will work tirelessly to protect your rights and defend your freedom. Contact us today to schedule a consultation with Attorney Todd Spodek.

Additionally, at Spodek Law Group, we understand that every case is unique, and we treat each client’s case with the attention it deserves. Our legal team takes pride in providing personalized and compassionate legal representation, and we will work tirelessly to help you navigate the complex legal system.

We also understand that facing criminal charges can be emotionally draining, and we will be there to offer support and guidance throughout the entire process. Our team will fight aggressively to ensure that your legal rights are protected and that you receive the best possible outcome in your case.

At Spodek Law Group, we believe that professionalism, attention to detail, and a deep understanding of the law are the keys to our success. We are committed to providing our clients with the highest quality legal representation and helping them achieve their desired outcomes.

Contact us today to schedule a consultation with Attorney Todd Spodek, and let us help you navigate the criminal justice system with confidence and peace of mind.