Criminal Defense Lawyers

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.

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

In both the U.S. Constitution and the New York State Constitution, you have the right to be free from unreasonable search and seizure. It doesn’t matter what car you drive or what you like to wear. If the police stop you and search you, your home, property or vehicle without the proper authority, the court might throw out the evidence against you.

Entrapment

Just like the police can’t go around violating people’s constitutional rights, they also can’t set people up. While they can participate in stings to catch people who are already about to break a law, they can’t beg or entice someone to break the law. If they get overzealous or they want to catch someone that they have a personal grudge against, the entrapment defense may be available.

Mistake

Perhaps you didn’t meant to sell anything to anyone. Law enforcement may not understand what was about to take place or your intentions. To sell a controlled substance, you have to do so knowing what you’re doing. Anything less might amount to possession of a controlled substance but not unlawful sale. A mistake can also occur when the police misidentify a substance.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Mistaken identity

In some cases, the police can accuse the wrong person. Perhaps someone you know wants to set you up to take the blame for their own actions. A mistaken identity can lead to false charges against you for the sale of a controlled substance.

Choosing a course of action

In many cases, your best plan of attack is to prepare your case for trial. You should work with your attorney as soon as possible in order to defend yourself against every element of the charges. You can tell your story to the jury and ask for a not guilty verdict. In other cases, you may want to pursue a non-trial resolution and ask for a plea bargain. It’s best to review your case with an attorney as soon as possible and begin exploring your options.