NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 3rd August 2023, 09:14 pm
Drug crimes are some of the most commonly committed and most heavily prosecuted crimes in the state of New York. Drug use poses a serious risk to public health and can lead to other crimes. Of the forty drug-related crimes outlined in New York’s penal code, drug distribution is one of the most serious. When you distribute drugs unlawfully, you are considered to be a drug dealer.
Sometimes, you’ll be found with a small amount of illegal drugs on your person. Law enforcement might charge you with drug possession, but they will not level a charge of selling against you because it seems likely that the drugs were for your own personal use. But if you’re found to possess a large number of drugs, law enforcement might suspect that you intend to distribute these drugs. In these cases, you will be charged with “possession with the intent to distribute” rather than just a possession charge. There will also be a drug selling charge leveled on top of that.
There are other circumstances in which intent to distribute charges and drug selling charges might be leveled simultaneously against a defendant. One of these is when a defendant is caught in the ct of selling drugs. The double charge matters because each of these charges is a felony on its own. If you’re convicted of the offense, your record will then have two felony drug convictions on it.
You need to talk to a New York lawyer as soon as you’re accused of the intent to distribute. Spodek Law Group has more than forty years of experience with navigating the criminal justice system, providing the best defenses, and helping you understand your options.
About an Intent to Sell Charge
Intent to sell has a specific definition in New York’s laws and penal codes. This charge will be leveled against you when you possess a controlled substance illegally and you intend to sell it. The actual sale does not need to take place for the charge to apply.
Intent to sell is usually determined by law enforcement officials when you have a significant amount of the drug, or when you’re caught actually selling the drug to another person. With certain drugs, the severity of the charge is based around the amount of the drug that you actually have. In other circumstances, the charge will vary based on the amount that you either sold or intended to sold.
The amounts defined in New York law are as follows:
- Any amounts of controlled substances
- Any amounts of narcotic drugs
- Any amounts of a hallucinogenic substance, hallucinogen, or stimulant, provided that you’ve previously been convicted of a crime related to controlled substances
- One gram or higher of a stimulant
- Twenty-five or more milligrams of hallucinogens
- One or more grams of hallucinogenic substances
- 1/8 ounce or at least one preparation or substance that contains methamphetamine
Two possession with intent crimes have been outlined: fifth degree intent to sell and third degree intent to sell. The fifth degree intent to sell is considered a class D felony, which means it carries a maximum penalty of seven years in prison. Third degree intent to sell is considered a class B felony, which carries maximum penalties of twenty-five years in prison.
You might also be charged with intent to sell if law enforcement officials find both drugs and drug paraphernalia during their search. Drug paraphernalia is any paraphernalia that is used in the packaging and distribution of drugs. It’s considered a sign that selling is the defendant’s intention.