The criminal sale of a controlled substance in the second degree under Penal Code 220.41 in New York is knowingly and unlawfully selling narcotic substances under these conditions:
• Selling any narcotic weighing at least .5 ounces
• Selling any methamphetamine weighing at least .5 ounces
• Selling any stimulant weighing at least .5 ounces
• Selling any Lysergic acid diethylamide weighing at least .5 milligrams
• Selling any hallucinogenic weighing at least .5 grams
• Selling methadone weighing at least 360 milligrams
Criminal Sale of a Controlled Substance Guidelines
In the state of New York, the criminal sale of a controlled substance falls under seven grades, set apart by the class and degree of the offense. The criminal sale of a controlled substance in the second degree is a class “A-II” felony in New York, which is one of the most serious drug charges a person can face. To warrant this charge, you must have in your possession a specific amount of narcotics with the intent to sell the drugs. If you intend to sell any narcotic weighing at least .5 ounces, you will face the charge of criminal sale of a controlled substance in the second degree, a class A-II felony.
Sentencing for Selling Drugs in New York
The state of New York imposes some of the harshest sentences in the country for the criminal sale of controlled substances. If you are convicted of a class A-II felony for the criminal sale of a controlled substance, you could face anywhere from 3-8 years based on the circumstances behind your conviction and a $50,000 fine. In some instances, defendants convicted of a class A-II felony for criminal sale of a controlled substance received 10 years in prison.
Criminal Sale of a Controlled Substance Defense
If you were charged with criminal sale of a controlled substance in the second degree, you must have in your possession at the time of your arrest at least .5 ounces of a narcotic substance. For example, if you had heroin in your possession at the time of your arrest, and it only weighed .4 ounces, then a charge of criminal sale of a controlled substance in the second degree is not founded. Police must also have probable cause before they can search your person. If the police search you without reason and find narcotics in your possession, that evidence is not admissible in court.
Knowingly and Unlawfully Sells Narcotic Drugs
With all the legalese surrounding drug laws in New York, it can be difficult for the state to pinpoint the definition of knowingly and unlawfully selling narcotic drugs. For the prosecution to prove you knowingly sold narcotics, they almost need to catch you in the act. However, if you have a prior conviction for selling or possessing drugs, the onus may fall on you to prove you were not selling narcotics. Keep in mind that if you are caught with drugs on your person, and you used a child to conceal the offense, you most likely will face the stiffest charge of criminal sale of a controlled substance in the second degree. Since a child was involved in the commission of a drug crime, the state may hit you with the same charge, only this time in the first degree. A class A-I felony in New York carries a minimum of 15-40 years with the possibility of a life sentence.
Contact a qualified NYC criminal attorney today if you are facing any of these offenses.
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