NY Penal Law § 22028 Use of a child to commit a controlled substance offense

Last Updated on: 5th August 2023, 03:47 pm

Protecting Children: Understanding the Use of a Child to Commit a Controlled Substance Offense in New York

Drug-related offenses are taken seriously in New York, especially when children are involved. The use of a child to commit a controlled substance offense is considered particularly heinous and can result in additional charges under the New York Penal Code § 220.28. At Spodek Law Group, we understand the gravity of these charges and have extensive experience handling such cases.

What is the Use of a Child to Commit a Controlled Substance Offense?

The use of a child to commit a controlled substance offense refers to involving any child who is under 16 years old in drug crimes. If you’re 18 or older and sell or attempt to sell drugs using children, you may be charged with this offense under New York Penal Law ¬ß 220.28.

Example of the Use of A Child To Commit A Controlled Substance Offense

For instance, if an adult decides to deliver methamphetamine (meth) to his cousin, he might place it inside his five-year-old daughter’s backpack while she goes for playtime with his cousin’s six-year-old son. If the five-year-old discovers and consumes meth unknowingly, her father could face charges for endangering her welfare as well as using her involvement in committing drug-related offenses.

Offenses Related To Using Children In Drug-Related Crimes

Other related offenses include endangering the welfare of children (New York Penal Code § 260.10) and criminal sale near school grounds (New York Penal Code § 220.44). These laws aim at protecting vulnerable minors from being exposed or used during illegal activities that could harm them physically or emotionally.

Possible Defenses Against Charges Of Using A Child To Commit A Controlled Substance Offense

At Spodek Law Group, our team will help build your defense strategy by questioning evidence related elements surrounding each crime committed against you. For example, if you can demonstrate that the child was 17 at the time of the incident rather than under 16, you cannot be charged with this felony offense. If you were under 18 at the time of the incident, your charges could be dismissed.

The Sentence

A conviction for using a child to commit a controlled substance offense is punishable by up to four years in prison as it’s considered a class E felony. Additionally, fines and probation terms of up to five years may apply depending on several factors such as criminal history and personal background. At Spodek Law Group, our attorneys will work tirelessly to mitigate your sentence severity.

Why Choose Spodek Law Group?

At Spodek Law Group, we understand how important it is to protect children from drug-related crimes. Our team has extensive experience handling cases involving minors and drug offenses; thus we provide legal representation tailored specifically for each client’s unique needs.

Our attorneys are well-versed in New York state laws and use compelling language techniques that highlight the seriousness of these charges while conveying empathy towards clients’ emotional situations during these difficult times.

We believe that every individual deserves fair representation regardless of their circumstances or past mistakes; hence we work diligently to ensure our clients’ rights are protected throughout their case proceedings.

Conclusion

If facing charges related to using a child in committing controlled substance offenses, seek legal assistance immediately from experienced attorneys like those at Spodek Law Group led by Attorney Todd Spodek who have expertise handling such cases effectively. We’ll provide necessary legal representation tailored specifically for your situation while protecting your rights throughout court proceedings.

Offenses Related To Using Children In Drug-Related Crimes