Facing 2nd Degree Criminal Sale of Controlled Substance Charges in New York?

2nd Degree Criminal Sale of Controlled Substance Charges in New York - Penal Law 220.41

Being charged with criminal sale of a controlled substance in the second degree under New York Penal Law § 220.41 is a serious matter. This offense is classified as a Class A-II felony that New York considers as a significant drug distribution activity.

Under NY Penal Law § 220.41, a person is guilty of 1st degree sale of controlled substances when they knowingly and unlawfully sell any of the following:​

• ½ oz preparation containing a narcotic drug
• ½ oz methamphetamine preparations
• 5 g stimulants
• 5 mg LSD
• 25 mg hallucinogen
• 5 g hallucinogenic substance
• 360 mg methadone

Key points to note:

• “Sell” encompasses any form of transfer, exchange, or delivery of a controlled substance, whether or not compensation is involved.
• "Knowingly" implies awareness of the nature of the substance and the act of selling it.
• "Unlawfully" indicates that the sale is not authorized by law.​

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

How We Fight 2nd Degree Criminal Sale of Controlled Substance Charges in New York

Since each case is unique, a tailored defense strategy must be prioritized. Some potential defense strategies can be:

• Chain of Custody Issues: If the prosecution cannot prove the substance collected by law enforcement is the same substance tested at the lab, the evidence may be suppressed.
• Chemical Composition Challenge: Sometimes the material seized might not meet the chemical definition of a "controlled substance" under New York law. Lab analysis errors can open a path for dismissal or reduction.
• Entrapment: If law enforcement induced the defendant to commit the sale when they would not otherwise have done so (especially in sting operations).

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 2nd degree criminal sale of controlled substance charges, you’re facing:

• Class A-II felony
• 3 to 10 years in prison
• Up to $50,000

Your Defense Begins Now

Given the complexity and severity of charges under NY Penal Law § 220.41, securing experienced legal representation is critical 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.