Drug Sale, Distribution & Trafficking Charges in Brooklyn

Navigating Drug Sale, Distribution & Trafficking Charges in Brooklyn

Being charged with a drug crime in Brooklyn can be an overwhelming and scary experience. Between understanding the complex laws around distribution, sale, and trafficking, figuring out potential penalties, and finding the right legal defense, it’s a lot to take in. This article breaks down key things to know if you or a loved one is facing drug charges in Kings County.

Overview of Drug Sale & Distribution Laws in New York

New York has strict drug laws compared to other states. Under Article 220 of the New York State Penal Code, the main drug sale and distribution crimes include:

• Criminal sale of a controlled substance – Selling or intending to sell drugs like cocaine, heroin, methamphetamines, prescription medications, marijuana, and other controlled substances. This applies whether sold to an undercover officer or civilian.
• Criminal possession of a controlled substance with intent to sell – Having a large quantity of illegal drugs on you that suggests intent to sell or distribute. Threshold amounts vary by drug.
• Criminal sale of marijuana – Selling or intending to sell more than 25 grams of pot. Gifting small amounts is decriminalized.
• Criminal diversion of prescription medications – Illegally transferring, distributing or selling lawfully prescribed medications.

Penalties vary widely based on the type and weight of drug sold, sale circumstances, and your criminal history. More below on potential sentences.

Brooklyn Drug Sale, Distribution & Trafficking Charges

Within these state drug laws, there are a range of specific sale, distribution, and trafficking charges you may face in Kings County courts:

• PWI (Possession with Intent) Charges – If you’re caught with a salable amount of an illegal drug, you may be charged with possessing it with intent to sell. Threshold amounts that trigger this charge vary by substance. For example, possession of 500+ mg of cocaine suggests intent to sell.
• Sale to an Undercover Officer – It’s illegal in New York to sell any amount of an illegal drug to another person, including an undercover cop. Many drug busts happen this way.
• Drug Trafficking – Trafficking charges target large-scale illegal drug transportation and distribution operations in the state, involving moving high quantities of controlled substances across state or international borders. Trafficking comes with very harsh penalties.
• Prescription Diversion – Diverting, selling or intending to sell medications that were lawfully prescribed to you is illegal. This includes stimulants, pain medication, sedatives and more.

If you’ve been arrested on suspicion of a drug sale or distribution crime, it’s essential to hire a skilled Brooklyn criminal defense lawyer to fight the charges. The severity of penalties make these very high stakes cases.

Penalties for Drug Sale & Distribution Convictions in Brooklyn

Potential penalties if convicted of illegal drug sales or distribution charges in Kings County depend on two main factors – the type/weight of drug and your criminal record:

By Drug Type & Weight

• Marijuana Sales – Selling over 25g of pot is a Class D felony, carrying 1-2.5 years in NY state prison.
• Controlled Substance Sales – Minimum sentences range from 1-8+ years for sale of drugs like cocaine, heroin and meth. Longer terms apply for larger weights.
• Prescription Diversion – Illegally selling meds comes with up to 5 years if convicted.

With Criminal Record

• First Offense – Minimum 1-2 year prison term, even for low-level sales.
• Second Offense – Automatic 2-4 year minimum sentence, up to life imprisonment.
• Third Offense – Very likely 25 year to life behind bars.

Fines, probation, drug counseling and other penalties may apply too. Trafficking convictions also mean large fines – up to $100k-$1M in NY.

Finding the Best Brooklyn Drug Crime Lawyer

Facing drug distribution or sales charges in Brooklyn Criminal Court or Kings County Supreme Court means finding an attorney with specific experience fighting these complex cases in local courts. Tips for identifying top legal help nearby:

• Check Credentials – Search Brooklyn lawyers on Avvo and confirm they are in good standing, without ethical complaints.
• Interview Several Attorneys – Narrow down to 3-5 to meet via phone or video chat to discuss your case specifics.
• Ask About Experience – How many drug cases has the lawyer handled in Brooklyn? Do they specialize in distribution/trafficking defense?
• Discuss Legal Strategy – Do they seem to understand the complexities of NY drug laws? What’s their approach?
• Compare Costs – Balance legal fees with credentials and drug case experience. Public defenders are an option but often juggling heavy caseloads.

Having an aggressive lawyer who knows Brooklyn courts, judges and the nuances of NY drug statutes is critical to mounting the strongest legal defense.

Fighting Brooklyn Drug Sale & Distribution Charges

Skilled Kings County defense attorneys have a number of effective strategies to contest drug sale and distribution charges, including:

• Invalidating Evidence – Identifying issues with evidence collection, chain of custody rules, or testing procedures to get evidence thrown out.
• Contesting Stop or Arrest – Challenging the legality of traffic stops that led to searches and questioning the probable cause for arrest.
• Questioning Undercover Tactics – Scrutinizing undercover buy-bust operations for entrapment or misconduct.
• Negotiating Reduced Charges – Attempting to get charges lowered to personal use rather than intent to sell/distribute through plea deals or pre-trial diversions.

An experienced drug crimes lawyer knows what arguments resonate best before Brooklyn judges. They also understand complexities of these cases that public defenders handling a high volume of cases simply don’t have time to leverage.

What to Do If You or a Loved One Is Arrested

If you or someone you love gets arrested on drug sale or distribution charges in Brooklyn, stay calm and take these key steps:

• Say Nothing – Per the 5th Amendment, you have the right to remain silent. Don’t answer police questions without a lawyer.
• Hire an Attorney ASAP – Immediately call top-rated defense lawyers in Brooklyn to start your legal defense.
• Avoid Social Media – Don’t post about the case online, as that can be used against you.
• Check Bail Options – If bail is set, ask your lawyer about appealing bail terms or qualifying for release.
• Get Character References – Ask close friends/family for written letters vouching for your character to support legal defense.

A skilled drug crime lawyer can mean the difference between a lengthy prison sentence or pre-trial diversion and dismissal of charges. So don’t delay in finding experienced legal help.

Finding Hope During Difficult Times

Facing drug charges in Brooklyn can feel scary and hopeless. But skilled NYC defense attorneys like those at The Potkin Firm help clients through the most challenging legal battles every day – and win. With an expert Brooklyn lawyer on your side identifying holes in the prosecution’s case, contesting bad police work, and negotiating for better outcomes, you can get through this.

If you have additional questions or need guidance finding a top drug crime defense lawyer in Brooklyn or the NYC area, visit Avvo to connect with attorneys offering free consultations. They can review the details of your charges, discuss potential defenses and ensure your rights are protected each step of the legal process.