Facing 1st Degree Criminal Sale of Controlled Substance Charges in New York?

1st Degree Criminal Sale of Controlled Substance Charges in New York - Penal Law 220.43

Facing a charge under New York Penal Law § 220.43 is a serious matter. This statute addresses the criminal sale of large quantities of narcotics, classifying it as a Class A-I felony, which is the most severe category under New York Law.

A person is guilty of 1st degree sale of controlled substances when they knowingly and unlawfully sell at least:

• 2 oz preparation containing a narcotic drug
• 2,880 mg methadone

Key points to note:

• “Sell” includes not only actual sales but also offers or agreements to sell, regardless of whether the transaction was completed.
• “Knowingly” implies awareness of the nature and quantity of the substance being sold.
• “Unlawfully” indicates the absence of legal authorization to distribute such substances.​

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

How We Fight 1st Degree Criminal Sale of Controlled Substance Charges in New York

Knowing that each case is unique, we defend holistically and aggressively. Several defense strategies will be explored, such as:

• Challenging the Quantity: If the actual weight of the narcotic is below the statutory threshold, the charge may not hold.​
• Questioning the Legality of the Search and Seizure: Evidence obtained through unlawful searches may be inadmissible.​
• Disputing Knowledge or Intent: Demonstrating a lack of awareness regarding the nature or quantity of the substance can be pivotal.​

It’s advised that you speak with an experienced attorney to assess the specifics of your case, navigate New York’s complex laws on your behalf, and determine the best defense strategy.

Possible Sentencing & Penalties in New York

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

For 1st degree criminal sale of controlled substance charges, you’re facing:

• Class A-I felony
• 8 to 20 years in prison
• Up to $100,000

Examples and Related Cases

Our firm recently represented an individual, who was alleged to have been a part of a wider conspiracy, to possess and sell heroin. In our specific case, the government charged our client with possessing 5 ounces of heroin/fentanyl mixture. Despite strong evidence as it pertained to possession per se, the Court agreed to a lesser, shock-eligible sentence as part of a negotiated plea deal.

Your Defense Begins Now

Given the complexity and severity of charges under NY Penal Law § 220.43, securing experienced legal representation must be your first step. A knowledgeable criminal defense attorney can navigate the intricacies of the legal system, advocate on your behalf, and work towards the most favorable outcome possible.​

If you or someone you know is facing such charges, contact The Law Offices of Jason Goldman immediately.