Selling a controlled substance in the state of New York can result in an arrest and charge of criminal sale of a controlled substance in the second degree as per the state’s Penal Code 220.41. In order to be charged with this crime, the drugs that you unlawfully possess must fall under a specific category.
Categories of Drugs That Can Result in Criminal Sale of a Controlled Substance in the Second Degree Charge
You can be charged with criminal sale of a controlled substance in the second degree as per New York’s Penal Code 220.41 if the drugs you possess fall under any of the following categories:
• Narcotics that weigh at least 0.5 ounces
• A stimulant that weighs at least 0.5 grams
• Methamphetamine that weighs at least 0.5 ounces
• Lysergic acid diethylamide that weighs at least five milligrams
• A hallucinogen that weighs at least 25 milligrams
• A hallucinogenic that weighs at least five milligrams
• Methadone that weighs at least 360 milligrams
Example of Criminal Sale of a Controlled Substance in the Second Degree
An example of the criminal sale of a controlled substance in the second degree under New York’s Penal Code 220.41 is that the police get a tip that a large amount of cocaine and heroin is being stored in a warehouse. The tip also includes information that the drugs would be distributed to a few people who would subsequently sell it. The police perform a stakeout on the warehouse and the individuals coming and going to and from it. During the stakeout, they notice a man entering the warehouse and exiting with a small package in tow. As the police tail the man, they see him giving the package to a woman, who then pays him cash. The police move in and arrest both the man and woman and discover that the package contains some cocaine and heroin. If the contents of the drugs amounted to at least 0.5 ounces, the man could then be arrested and charged with criminal sale of a controlled substance in the second degree.
Defenses for Criminal Sale of a Controlled Substance in the Second Degree Charge
One of the most common defenses for being arrested and charged with criminal sale of a controlled substance in the second degree is to have your NYC criminal lawyer challenge the amount of drugs found by the police. For instance, if you were found to have cocaine in your possession but the amount only came to 0.1 ounces, you could not be charged and convicted of criminal sale of a controlled substance in the second degree.
Another common defense would be to point out that the search the police used was unlawful. For example, if you were at home and the police rang your bell and asked if you had seen any burglaries in your neighborhood recently and you invited them in, it would be considered illegal if they suddenly searched your home without your consent. This situation would be considered inadmissible in court, even if the police uncovered drugs. As a result, the case would be dismissed and you would not be charged.
Penalties and Sentence for Criminal Sale of a Controlled Substance in the Second Degree
Under New York’s Penal Code 220.41, a class A-II felony criminal possession of a controlled substance is one of the most serious crimes. If you are convicted of this crime, you could face fines of as much as $50,000 and life in prison. At the minimum, the prison term is three to eight years, but the sentence depends on other factors, including whether there is a prior criminal history.
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