Facing 5th Degree Criminal Sale of Controlled Substance Charges in New York?

5th Degree Criminal Sale of Controlled Substance Charges in New York - Penal Law 220.31

Pursuant to Penal Law 220.31, a person is guilty of criminal sale of a controlled substance in the fifth degree when they knowingly and unlawfully sell a controlled substance.

We’ve put together a comprehensive guide on conduct for various drug crimes in New York.

How We Fight 5th Degree Criminal Sale of Controlled Substance Charges in New York

Each case is unique. We conduct a thorough review to identify the most effective defense strategy.

Potential defense strategies may include:

• Unlawful Search and Seizure: If evidence was obtained through an illegal search, it might be inadmissible.
• Lack of Intent: Demonstrating that there was no intent to sell can be a viable defense.
• Entrapment: If law enforcement induced the defendant to commit the offense, this defense might apply.

Possible Sentencing & Penalties in New York

We’ve put together a comprehensive guide on sentencing guidelines for drug crimes in New York.

For 5th degree criminal sale of controlled substance charges, you’re facing:

• Class D felony
• 1 to 2.5 years in prison
• Alternate penalty of up to one year
• Up to $5,000

Examples and Related Cases

In a recent matter, we represented an individual charged with the Class-D felony of criminal sale of a controlled substance in the fifth degree. Despite clear evidence pursuant to a “buy and bust” operation, our office was able to provide extensive mitigation material concerning our client’s upbringing, education, and professional and personal endeavors.

This was an individual with zero criminal history who admittedly engaged in this one-off offense purely due to financial hardships he was currently facing. Our mitigation package ultimately persuaded the district attorney’s office to offer a misdemeanor, non-jail resolution to dispose of the matter. 

Your Defense Begins Now

If you or a loved one is facing charges for criminal sale of a controlled substance in the fifth degree, act promptly and seek counsel immediately. Given the serious nature of felony drug charges in New York, securing experienced legal counsel is critical.

An experienced criminal defense attorney can navigate the intricacies of the legal system and work towards the most favorable outcome for you. Contact The Law Offices of Jason Goldman today.