Brooklyn Drug Selling Lawyers

Understanding Drug Selling Charges

The charge of drug selling is usually rather straightforward. If you are caught with an amount of a drug, whether it’s one that is legal or illegal, and you are trying to sell that drug to someone else, then you can be charged with drug selling. Most of the time, this is considered a misdemeanor. However, if you are caught with a substantial amount of the drug, a large amount of money and materials that are used to package and distribute the drug, then it could be classified as a felony. If you take the drug to another state or another country, then you could face state and federal charges. This is also a felony in most courts.

A charge of drug selling usually isn’t punished as harshly as drug trafficking. You’re simply selling a drug to another person. Common drugs that are involved in drug selling include marijuana, crack, and heroin. There are some prescription drugs that are involved in drug selling as well, such as OxyContin, Xanax, and hydrocodone. These are drugs that you could be legally prescribed but are selling to other people to get money.

Courts will usually look at the kind of drug involved in the sale to determine the sentence. They will also look at the amount of the drug and whether you have any prior convictions, especially any drug convictions. If you have a certain amount of a drug in your possession, you can still be charged with selling because it’s considered more than an amount for personal use.

Penalties

A drug sale in most states is a felony. However, drug possession is usually a misdemeanor. An attorney can try to offer a defense and plea with the prosecution to get your charges dropped from a misdemeanor to a felony so that it doesn’t look as bad on your record and so that you don’t spend as much time in jail. Most states have penalties for drug selling based on the weight of the drug instead of the type. Texas is an example. Drugs are divided into categories based on how much they weigh, such as a gram or 400 grams or more. If the drug is less than a gram, then you might be in jail up to a year or two and have to pay fines up to $10,000. However, if you are in possession and are selling drugs that weigh 400 grams or more, then you could spend up to 99 years in jail and see fines that are up to $250,000. As you are charged time after time with drug selling, your punishment will increase as well as the fines.

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Legal Scenario: What Would You Do?

Scenario

You were arrested in Brooklyn after an undercover officer purchased a small amount of cocaine from you on a street corner. The police also found several additional baggies in your pocket and are now saying you could face felony charges instead of a misdemeanor.

What determines whether my drug selling charge in Brooklyn is treated as a misdemeanor or a felony?

Attorney's Answer

Under New York Penal Law Article 220, the severity of a drug selling charge depends primarily on the type and quantity of the controlled substance involved. A Criminal Sale of a Controlled Substance in the Fifth Degree (Penal Law § 220.31) is the lowest felony sale charge, classified as a Class D felony, while larger quantities can elevate the charge to a Class A-I felony carrying a mandatory minimum of 8 to 20 years. An experienced Brooklyn defense attorney can examine whether the undercover operation followed proper protocols, challenge the weight and laboratory analysis of the substances, and negotiate for reduced charges or alternative sentencing programs such as drug court diversion under CPL § 216.05.

This is general information only. Contact us for advice specific to your situation.

There are a few minimum penalties that have been put in place because of the War on Drugs. If you are charged and convicted of selling certain types of drugs, then there is a mandatory time that you have to stay in jail. However, an attorney can try to get this length of time as short as possible so that you can do other things to benefit your life, such as attend rehab or perform community service. Probation could also be an option if you don’t have a criminal history after spending a minimal time in jail. It’s important to seek the assistance of an attorney who can direct you as to what kind of offer to take in court and what kind of defense you can use. Sometimes, you can use a defense that you weren’t selling the drug or that you didn’t know that the drug was in your possession if it’s inside a bag.