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NY Penal Law § 22043 Criminal sale of a controlled substance in the first degree
|Last Updated on: 5th August 2023, 03:47 pm
Criminal Sale of a Controlled Substance in the First Degree: NY Penal Law § 220.43
Criminal sale of controlled substances and marijuana is one of the most severe crimes under New York Penal Code, with 13 out of 29 controlled substance crimes and ten marijuana crimes related to their sale. In fact, three out of five class A felonies for drug offenses involve drug sales. At Spodek Law Group, we understand that facing charges for criminal sale of a controlled substance in the first degree can be overwhelming and intimidating. However, our team led by Attorney Todd Spodek has years of experience defending clients against such charges.
What Constitutes Criminal Sale of a Controlled Substance in the First Degree?
Under New York Penal Code § 220.43, if you sell large amounts (as specified below) of narcotics or methadone, you could face prosecution for criminal sale of a controlled substance in the first degree:
Substance | Amount
—|—
Narcotic | 2 ounces or more
Methadone | 2,880 milligrams or more
For instance, suppose police officers execute a search warrant on an individual’s home and find him inside with several other people along with numerous glassine envelopes containing heroin and significant cash amount indicating he was selling drugs to others present there. If they discover at least two ounces worth heroin during this search operation; then that person may face charges under this section.
Related Offenses
Other drug-related offenses include operating as major traffickers under New York Penal Law § 220.77 and criminal possession of a controlled substance in the first degree under New York Penal Code § 220.21.
Possible Defenses
If you are arrested for criminal sale involving less than two ounces worth narcotic drugs or less than 2880 milligrams weight methadone found during an incident; then we can help challenge these charges based on insufficient evidence presented by the prosecution. Additionally, we can attack the method employed by police to discover drugs as any search of a citizen must be lawful and based on probable cause. If deemed unlawful, any evidence produced during such searches would be inadmissible in court.
Sentence
Criminal sale of a controlled substance in the first degree is one of the most serious crimes under New York Penal Codes, with life imprisonment being a possible sentence upon conviction. At minimum, you could face 15-40 years in prison and up to $100,000 fine if found guilty. We understand that facing criminal charges can be emotionally charged experience; hence our team will work tirelessly to ensure your rights are protected while providing support and guidance throughout this challenging time.
Why Choose Spodek Law Group?
At Spodek Law Group, we have extensive knowledge and expertise handling complex drug cases involving criminal sale of controlled substances in the first degree. Our team led by Attorney Todd Spodek has years of experience defending clients against drug charges using compelling language that conveys seriousness while exhibiting professionalism and deep understanding of law intricacies involved.
We believe in show don’t tell language when presenting your case before judges or juries so they can fully comprehend its complexities through vivid descriptions painted using emotionally charged words that leave no doubt about what’s at stake for you personally should things not go well legally speaking.
Our goal is always achieving favorable outcomes tailored specifically towards each client’s unique circumstances because we know how important it is for them to receive top-notch legal representation from start till finish without compromise whatsoever!