New York Intent to Distribute

New York Intent to Distribute

In New York, possession with intent to distribute is a serious drug crime that combines possessing a controlled substance with the criminal intent to sell or distribute it to others[5]. Prosecutors take a thorough approach to proving this crime, so having an experienced criminal defense lawyer can be crucial[1].

Elements of the Crime

To convict someone of possession with intent to distribute in New York, prosecutors must prove these elements beyond a reasonable doubt[5]:

• The defendant possessed a controlled substance
• The defendant knew he or she possessed a controlled substance
• The defendant intended to sell or distribute the substance to others

Mere possession of a controlled substance is not enough – the prosecution must also prove intent. Intent can be shown through the quantity of drugs, packaging materials like baggies or scales, recorded sales, text messages about deals, or witness testimony[2].

Penalties

Penalties for possession with intent in New York depend on the type and weight of the drug involved[3]:

• Class A felonies: 8+ ounces of a narcotic like heroin or cocaine, or 57+ ounces of methamphetamine. Punishable by up to life in prison.
• Class B felonies: 2+ ounces of a narcotic, or 28+ ounces of methamphetamine. Punishable by up to 25 years in prison.
• Class C felonies: 1/2+ ounce of a narcotic or 5+ ounces of methamphetamine. Punishable by up to 15 years in prison.
• Class D felonies: Any amount of substances like marijuana, LSD, or ecstasy. Punishable by up to 7 years in prison.

Those convicted also face fines up to $100,000 or more and asset forfeiture. Penalties may be enhanced near schools, public housing, or on school buses[2].

Defenses

Several legal defenses may apply in possession with intent cases[5]:

• No possession – Argue the drugs belonged to someone else
• No knowledge – Argue you did not know the substance was illegal
• No intent – Argue the drugs were for personal use, not distribution
• Entrapment – Argue police improperly induced you to commit the crime
• Illegal search – Seek to suppress evidence from an unconstitutional search

An experienced criminal defense lawyer can evaluate the evidence and build the strongest defense to fight the charges or seek a favorable plea bargain[3].

Related Charges

Possession with intent cases may also involve charges like[2]:

• Criminal possession of a controlled substance
• Criminal sale of a controlled substance
• Conspiracy to distribute drugs
• Maintaining a drug house

The penalties for these drug charges can also be severe under New York law. Having an experienced lawyer to defend against all potential charges is critical.

Get Legal Help

Possession with intent to distribute is a serious felony in New York. The penalties can be severe, including years in prison. Having an aggressive criminal defense lawyer on your side can mean the difference between a conviction and reduced charges or an acquittal. Do not hesitate to contact an experienced drug crimes attorney to discuss your charges and defense strategy.