FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NYC Criminal Sale to a Child Lawyers

January 3, 2020 Federal Criminal Attorneys
Drug Crimes Lawyers: Criminal Sale to a Child

There are a variety of drug related offenses in the state of New York, and one of the most severe can be the charge of selling drugs to a child. Educating yourself about how the law handles this crime can help you get the best possible outcome in any related cases. Here is what you need to know about criminal sale of a controlled substance to a child.

The Legal Definition of Criminal Sale to a Child

This category of criminal offenses is governed by New York Penal Law 220.48, and it is officially called criminal sale of a controlled substance to a child. The law states that a person is guilty of this offense when they are over the age of 21 years old and knowingly and unlawfully sells a controlled substance to someone under the age of 17. Keep in mind that the “knowingly” part of the law refers to knowingly selling a substance that is controlled, not to knowing the age of the child. You can be convicted of it even if you were not aware the person was under 17. The city defines selling as any act of selling, exchanging, giving, offering to sell, or promising to sell a controlled substance to someone. The selling is unlawful if you are not someone with a legal right to sell the substance, such as a pharmacist responding to a prescription. There are a variety of things that can count as a controlled substance, including narcotics, stimulants, hallucinogens, and more.

The Legal Consequences of a Criminal Sale to a Child Conviction

Those who are convicted of criminal sale of a controlled substance to a child are guilty of a class B felony. As a class B felony, you can expect severe consequences. Those who have never been convicted of a felony before usually get at least five years in prison, and those who have been convicted of past felonies typically get at least 10. There is a maximum sentencing limit of 25 years. It is also possible for an initial charge of criminal sale of a controlled substance to result in further related charges, such as child endangerment, depending on the situation. Exact sentencing is decided by the courts on a case by case basis. Things like the type of drugs sold, the amount of drugs on the defendant when arrested, or the age of the child involved can affect how heavy of a sentence a person gets. In addition to prison, you may also face other legal consequences, including fines of up to $30,000, probationary periods, and restitution payments towards victims.

Defending Yourself From Criminal Sale to a Child Charges

To convict you of a criminal sale to a child charge, the prosecution must prove that you sold a controlled substance to a person knowingly and unlawfully, that you were over 21 at the time of selling the substance, and that the person who received the substance was less than 17 years old. Defending yourself from these charges will typically rely on you and your lawyer proving that one or more of the requirements for conviction were not met. Some common defenses include:

Your lawyer may also look into the circumstances surrounding your arrest, since unconstitutional searches or interrogation techniques may let you get the case thrown out. Every criminal sale of a controlled substance to a child case is unique, so you will need to discuss your case with a lawyer to get a better idea of how to best handle your defense.

Since criminal sale of a controlled substance to a child is such a serious event, it is important to have a lawyer you can trust on your side. At Spodek Law Group, our talented team has plenty of experience handling these sorts of cases. Call us at 888-729-7065 to schedule your free consultation today.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us