NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 29th August 2023, 07:07 pm
Drug crimes are one of the most common criminal offenses in the state of New York. Because of this, law enforcement agencies devote significant amounts of their manpower and budget to the apprehension and prosecution of people who commit drug crimes. There are twenty-nine controlled substances crimes along with ten marijuana crimes. Thirteen of these crimes refer specifically to the sale of marijuana or controlled substances.
New York broadly defines “selling” drugs; you don’t have to exchange drugs for currency in order to be charged with selling. Drugs might be exchanged for things other than money. Giving drugs to other people is also considered a form of drug sale, even if no money, goods, or services exchange hands. Even the offer to sell drugs is included in the definition of drug selling, regardless of whether any material actually changes hands.
When you’re accused of the sale of drugs or the intent to sell drugs, you’ll face more serious charges than for mere possession of drugs. Convictions of the most serious charges could carry a penalty of life in prison. Because of this, it’s essential to get in touch with a defense attorney as soon as possible. Spodek Law Group is a conglomerate of experienced New York attorneys who can give you the best legal defense possible.
Sale of a Controlled Substance
When you unlawfully sell controlled and illegal substances such as ecstasy, methamphetamine, LSD, PCP, GHB, heroin, anabolic steroics, crack, and cocaine, you’ll be charged with criminal sale of a controlled substance. Certain controlled substances can carry varying charges depending on how much you sell. If you sell 50 or more milligrams of PCP, you’ll face charges of fourth degree criminal sale of a controlled substance, which is considered a class C felony. But if you sell 250 or more milligrams of PCP, you’ll face third degree criminal sale charges, which is a class B felony.
The offense’s severity also increases when the drug sale takes place nearby or at a school. The specific charge is “criminal sale of a controlled substance in or near school grounds,” and it is considered a class B felony.
Medical professionals will face drug selling charges when they unlawfully sell prescriptions. This is called criminal sale of a prescription for a controlled substance, and it is a class C felony.
The most serious crimes related to drug selling are class A felonies. Class A felonies have a maximum penalty of life in prison. These crimes include second degree criminal sale of a controlled substance, first degree criminal sale of a controlled substance, and major drug trafficking operation.
Sale of Marijuana Offenses
Marijuana-related offenses are classified differently from controlled substance offenses. Marijuana selling offenses all depend on the amount of the substance that was sold. Third degree marijuana sale involves the sale of more than 25 grams. First degree marijuana sale is the most serious charge, and will be leveled against you if you sell over sixteen ounces. This charge is a class C felony.
Other Offenses Related to Drug Selling
If you’ve received a charge of selling drugs, there’s a good chance that other drug-related charges will be leveled against you. You will be charged with the possession of a controlled substance or marijuana. You may also be charged with the possession of drug paraphernalia or the manufacturing of methamphetamine.
You may have the option of bringing your case to Drug Treatment Court, which is an alternative sentencing program. You must have a substance use problem to be eligible for the program. You also cannot have been charged with a class A felony or have committed a violent felony within the last decade.