Facing 4th Degree Criminal Sale of Controlled Substance Charges in New York?

4th Degree Criminal Sale of Controlled Substance Charges in New York - Penal Law 220.34

If you've been arrested for criminal sale of a controlled substance in the fourth degree, you're confronting a serious felony charge with potentially significant consequences. Understanding the specifics of this charge and your legal options is crucial.

Pursuant to Penal Law 220.34, you may be charged with criminal sale of a controlled substance in the fourth degree if you knowingly and unlawfully sell:

• a narcotic preparation
• at least 10 oz dangerous depressant or 2 lbs depressants
• concentrated cannabis
• at least 50 mg PCP
• methadone
• PCP with prior drug conviction
• at least 4,000 mg ketamine
• a controlled substance near schools or child care facilities
• at least 28 g GHB preparation

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

How We Fight 4th Degree Criminal Sale of Controlled Substance Charges in New York

We customize our defense strategy for the uniqueness of each and every case. We’ll explore all avenues to protect your rights. Below are just a few examples of potential strategies:

• Challenging the Legality of the Search and Seizure: If evidence was obtained through an unlawful search or seizure, it might be inadmissible in court. Search warrants may have been applied for, albeit with inaccurate information provided to the issuing Court. In some instances, law enforcement may have bypassed altogether a search warrant application, where one would have otherwise been necessary to constitute a legal and valid search of someone or a certain premise.
• Questioning the Substance's Identity or Quantity: Lab analysis errors or misidentification can be grounds for defense. It is important that an experienced defense attorney closely analyze the lab analysis to confirm that the quantity and identity of the controlled substance is accurate. Indeed, government officials often overestimate the amount of narcotics seized, which can in turn greatly enhance a felony charge that a person is facing.
• Entrapment: If law enforcement induced the commission of the offense, this defense might apply. When law enforcement uses an undercover officer and confidential informant as part of an investigation, entrapment may become a legitimate defense at trial. In general, entrapment is defined is as follows:
  
  • Under our law, it is an affirmative defense that the defendant engaged in the prohibited conduct because: (1) he/she was induced or encouraged to do so by a public servant, [or by a person acting in cooperation with a public servant,] who was seeking to obtain evidence against him/her for the purpose of criminal prosecution, and (2) the methods used to obtain the evidence were such as to create a substantial risk that the offense would be committed
• Lack of Intent or Knowledge: Demonstrating that you did not knowingly sell a controlled substance can be a valid defense. Sometimes, even if a person is otherwise engaged in the illegal buying, selling, or possessing of a controlled substance, they may lack the specific intent required as to which narcotic they were in possession of. This lack of knowledge (especially in examples of heroin vs. fentanyl), may have a drastic impact on the charges.

Possible Sentencing & Penalties in New York

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

For 4th degree criminal sale of controlled substance charges, you’re facing:

• Class C felony
• 1 to 5.5 years in prison
• Alternate penalty of up to one year
• Up to $15,000

Examples and Related Cases

Our office has recently defended individuals facing 4th degree criminal sale of a controlled substance charges. In one recent matter, we were able to successfully pick apart a years worth of recorded calls to mount a successful pre-trial entrapment defense, ultimately convincing prosecutors to offer a below-minimum sentence by way of probation. Seeing that we had a legitimate entrapment defense should the matter proceed to a jury trial, the district attorney’s office agreed to dispose of the case without requiring any jail time for our client.

Your Defense Begins Now

If you or a loved one is facing charges for criminal sale of a controlled substance in the fourth degree, act promptly and seek counsel immediately. 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.