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New York Penal Code 220.48: Criminal sale of a controlled substance to a child

By Spodek Law Group | May 1, 2017
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 08:56 pm

The New York Penal Code provides for stiff sanctions for selling controlled substances generally. These sanctions are heightened when the perpetrator sells controlled substances to a minor.

The Elements of Criminal Sale of Controlled Substance to a Child

A criminal sale of controlled substance to a child or minor occurs when certain types of illegal drugs are sold to a person under the age of 17. The New York penal code includes a schedule of drugs that fall within the category of illegal for the purposes of the law prohibiting this type of sale to a minor.

The New York Penal Code classifies the criminal sale of a controlled substance to a child as a very serious crime. It is classified as a class B felony, one of the most serious types of crimes in the state.

Examples of Criminal Sale of a Controlled Substance to a Child

An example of criminal sale of a controlled substance would be a 30-year old man who sells cocaine to a 16-year old, the seller knowing that the buyer was under the age of 18. Another example would be a 22-year old woman who sells heroine to her cousin, the cousin being 17 years of age. The transaction would still run afoul of the law even if the person who sold the illegal substance provided a “price break” to her family member.

Sentence in a Criminal Sale of a Controlled Substance to a Child Case

As was noted, the sale of a controlled substance to a child is a serious crime in the state of New York. If a person has no criminal record that includes a prior felony conviction, he or she faces a potential sentence between five and 25 years. If a person has a prior felony conviction, of any kind, he or she faces the prospect of a prison term of 10 to 15 years. The possibility also exists for the imposition of a fine up to $30,0000.

A person facing prosecution for this crime may actually face multiple charges. By this it is meant that the investigation of the case may have resulted in more than one charge for selling a controlled substance to a child or minor.

When it comes to sentencing, a judge would have discretion to sentence a defendant to concurrent terms of incarceration. That means that the sentences on all charges run together, at the same time.

However, a judge may also impose consecutive sentences, which can significantly lengthen a person’s time incarcerated. This would depend on the facts and circumstances of the case, and a person’s criminal background or history.

Defenses to Criminal Sale of a Controlled Substance to a Child

Depending on the drug alleged to have been sold, the New York Penal Code may have a requirements that a minimum amount of the drug must be sold to sustain a charge. A defense in this type of case can be that the threshold amount of the drug in a particular transaction had not been satisfied.

The New York law on selling a controlled substance to a child requires that the same be made knowingly to a person under the age of 17. A viable defense can be that the person who allegedly sold the drug in question did not know the buyer was under the age of 17. As an aside, the defense requires an element of reasonableness. In other words, the person who allegedly sold the drug held a reasonable belief that the buyer was over 17 years of age.

An NYC criminal attorney can provide an overview of possible defenses in a particular case. Typically, a criminal defense lawyer will schedule an initial consultation at no charge to a potential client.

Table of Contents

  1. The Elements of Criminal Sale of Controlled Substance to a Child
  2. Examples of Criminal Sale of a Controlled Substance to a Child
  3. Sentence in a Criminal Sale of a Controlled Substance to a Child Case
  4. Defenses to Criminal Sale of a Controlled Substance to a Child
  5. About Todd Spodek and the Spodek Law Group

The Elements of Criminal Sale of Controlled Substance to a Child

Illegal drug sales are taken very seriously in New York, especially when a perpetrator sells a controlled substance to an individual under the age of 17. The New York Penal Code stipulates that engaging in this sort of criminal activity constitutes a Class B felony, which is one of the most severe types of offenses recognized within the court system, and handled by attorneys like Todd Spodek and the Spodek Law Group.

Examples of Criminal Sale of a Controlled Substance to a Child

Example 1: A 30-year-old man knowingly sells cocaine to a minor, aged 16.
Example 2: A 22-year-old woman sells heroin to her 17-year-old cousin, potentially providing a discounted price to her family member.
In both of these cases, the sales of drugs to teenagers violate the laws state regarding substance sales to minors.

Sentence in a Criminal Sale of a Controlled Substance to a Child Case

Penalties associated with the criminal sale of a controlled substance to a child can be dire, especially when considering possible prior felonies on record. Conviction for the offense could warrant prison terms ranging from five to 25 years for individuals with no past criminal history. Conversely, those with fingerprints tied to prior felony convictions might face jail time stretching as far as 10 to 15 years, as well as the risk of up to a $30,000 fine. It should be noted that a person may face multiple charges in certain cases, doubling the extended time potentially accrued when sentenced for separate charges.Note: New York judges have jurisdiction to set concurrent terms of incarceration when one is prosecuted for criminal sale of a controlled substance to a child. Sentencing alterations like this often occur in cognizance to the specifics germane to an individual case or alleged perpetrator’s overall criminal track record.

Defenses to Criminal Sale of a Controlled Substance to a Child

A primary defense to charges of selling a controlled substance to a minor might include claims questioning the validity of alleged drug transactions by disputing the threshold minimum amounts originally sold. Another possibility involves refuting the transaction mechanics themselves, arguing that am drug dealer—who sells narcotics unknowingly into the hands of a minor without reasonable discretion—shouldn’t be held culpable.that the person who sold the drug had no knowledge or a reasonable belief that the buyer was under the age of 17. The representation of an NYC criminal attorney like Todd Spodek, housing extensive experience dealing with instances of controlled substance sales to minors, can ensure proper defense alignment.

About Todd Spodek and the Spodek Law Group

Based out of New York City, Todd Spodek is an attorney at law who helps clients face a range of criminal-related complications, including drug allegations relevant to controlled substance sales involving minors. His professional services, and those of the legal professionals encompassed within the Spodek Law Group are dedicated to producing top-quality efforts and restoring legal peace to the citizens they serve effectively. Offering initial case consultations and an in-depth excavation into possible defense avenues ideal for negotiation, working with this premier litigation team can provide the support many require when criminal charges are at the cusp of indictment.

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