It is always disconcerting to be accused of a crime, no matter how large or small it is. If you are facing drug charges in New York City, you may find the punishment harsh. The following is an overview of New York penal code 220.43, which is the criminal sale of a controlled substance in the first degree. If you have been charged with this crime or fear you will soon be facing these charges, it is essential to speak with a NYC criminal defense attorney to discuss your case and possible defenses.
Under New York law, the definition of penal code 220.43 is the distribution and sale of more than 2 ounces of narcotics or more than 2,880 milligrams of methadone. This crime is a class A felony in New York and is designed to punish those who are selling large amounts of narcotics.
The current penalties in New York for a Class A felony may include:
Class A I
The court may impose a sentence of up to life in prison. The minimum sentence for this crime is between 15 and 40 years.
Class A II
The sentence for those convicted of this crime may be a life setence in prison. The minimum sentencing guidelines for this non-violent crime is between 3 and 8 years in prison.
When the person charged does not have an expansive criminal background and the crime was not violent, the court typically opts for an intermediate sentence. Once the mandatory minimum amount of time served is met, the person convicted would be eligible for parole. In the event parole is denied, the person is required to only serve the mandatory maximum sentence and is released once tjose conditions are met.
The court may order the defendant to pay a fine after conviction. Class A I felony convictions may require a fine of up to $100,000.00. Class A II felonies bring fines of up to $50,000.00.
Defending This Charge
When you are facing this type of charge, it is important to hire a defense team with extensive trial experience. If convicted, you may face imprisonment and have a criminal record that may prevent you from getting a good job or a rental home. Some ways a lawyer may defend you include:
Investigate The Charges
Determine If A Legal Search Was Conducted
Challenge The Amount Of Drugs In Question
The criminal sale of a controlled substance is one of the most serious charges you can face, as it is a Class A felony. For this reason, you must choose a lawyer who can protect your rights.
If you are facing drug charges in New York City, you are likley nervous and concerned about what lies ahead. However, there is help available. Contact a criminal defense lawyer today and schedule a consultation. Once a lawyer has reviewed your case, he will let you know the best way to defend you against these serious criminal charges. Having the best criminal defense lawyers in New York City can greatly reduce the stress and anxiety you are feelong while awaiting trial. In many cases, good defense attorney’s are anle to negotiate a lighter sentence or recommend alternative sentencing to satisfy the court.