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Mar 21, 2024
NYC Sale of a Controlled Substance Crimes Lawyers
Drug crimes lawyers see cases everyday where the client claims he or she was in the wrong place at the wrong time and got caught with drugs. However, there is a often a big difference between their version and what really happened.
The Pattern Behind Drug Arrests
Usually, there is a pattern of choices that led up to this scenario, and, now that they have been caught in some kind of criminal act, they want someone to fix their mess. It doesn’t matter really how you ended up with a “criminal sale of a controlled substance.”
What matters is that you quickly seek legal representation and find the qualified expert who can answer your questions and adequately represent your interests in the court system. Without representation, you could end up spending many years behind bars.
You want to get help with your case for a rate that you can afford to pay and avoid giving statements to investigators that could incriminate you.
Hiring a Drug Crimes Lawyer
At the Spodek Law Group, we are criminal defense lawyers in New York State who understand that people make mistakes every day. We all have pressures to pay our bills and take care of our loved ones. We can choose how we respond to different temptations.
We can also learn lessons from an arrest and stay out of jail or be doomed to continue down that path because we can’t stay straight. It’s important to look at the specific charges in your drug crimes case and determine if the prosecution has enough evidence to substantiate them.
We often get cases thrown out of court for lack of evidence. This type of dismissal actually saves everyone time.
Understanding Sale of Drugs Crimes in New York
There are different types of drug crimes that you could be charged with as a defendant accused in the state of New York. For the purposes of illustration, we decided to break down the least serious offense.
It is called criminal sale of a controlled substance in the fifth degree. As the least serious offense under Article 220 for criminal sale of drugs, it is a Class D felony.
| Offense Type | Classification | Potential Penalty |
|---|---|---|
| Criminal Sale Fifth Degree | Class D felony (non-violent) | No jail with probation to 7 years state prison |
| If violent felony | Class D felony (violent) | 2 to 7 years |
| Federal conviction | Federal guidelines apply | Different sentencing guidelines |
If the felony were violent, it would have a consequence of 2 to 7 years. Because this felony is a non-violent type, the penalty ranges from No jail with probation to a total of 7 years in state prison. If you are convicted of this crime at the federal level, the sentencing guidelines would be different.
Finding Your Way Through The New York District Court System
If you have been accused of the criminal sale of drugs in NYC or anywhere in the state, this is a serious matter. A conviction could affect your ability to hold many types of jobs and professional licenses, including being a school teacher or a law enforcement officer.
One option is to take a risk and represent yourself in court. Another option is to ask for a public defender, but this type of attorney has many cases on his or her caseload to resolve. There is never enough time in the day for a public defender to do your case justice.
The third option is to hire an experienced criminal defense attorney who has tried other drug crimes cases in New York State. This attorney will work on your behalf to collect all the evidence and then build your defense.
Hiring Our Criminal Defense Team
We are qualified criminal defense lawyers in NY who have tried hundreds of drug cases. We talk to people every day who have similar cirucmstances to yours and we are dedicated to helping them find the best outcome.
It’s very important that you seek a lawyer as soon as possible. It’s also important that you don’t give out any statements or hurt your case. If you have immigration issues or a pending family law case, you should definitely expect that this drug charge is going to negatively impact that collateral issue.
We understand that you are worried about the future and how you will support your family if you get incarcerated. Take action and hire a professional legal advisor today. If we take your case, we fight aggressively to achieve the best outcome in this manner and hopefully help you avoid jail time.
Understanding Federal Drug Scheduling
It’s important to understand how drugs are classified under federal law. The Drug Enforcement Administration (DEA) classifies drugs into five schedules based on their accepted medical use and potential for abuse:
- Schedule I: No currently accepted medical use and high potential for abuse (e.g., heroin, LSD, marijuana)
- Schedule II: High potential for abuse with accepted medical use (e.g., oxycodone, fentanyl, methamphetamine)
- Schedule III-V: Decreasing potential for abuse with accepted medical uses
New York State Drug Crime Classifications
Under New York Penal Law Article 220, controlled substance offenses are categorized based on:
- The type of controlled substance involved
- The quantity or weight of the substance
- Whether there was intent to sell
- Prior criminal history
The Importance of Legal Representation
According to the National Center for Biotechnology Information, understanding drug scheduling and controlled substance laws requires expertise that only licensed practitioners possess. The complexity of these laws makes professional legal representation crucial.
When facing drug charges, remember that federal law under 21 USC 812 establishes strict penalties for controlled substance violations. These penalties can be life-altering, affecting:
- Your employment opportunities
- Professional licensing
- Immigration status
- Family law matters
- Housing options
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