Facing 3rd Degree Criminal Sale of Controlled Substance Charges in New York?

3rd Degree Criminal Sale of Controlled Substance Charges in New York - Penal Law 220.39

Criminal sale of a controlled substance in the third degree in New York is a serious felony offense.

Under NY Penal Law § 220.39, selling even relatively small amounts of drugs like cocaine, heroin, or methamphetamine can lead to life-altering consequences.

You may be charged with criminal sale of a controlled substance in the third degree if you knowingly and unlawfully sell:

• a narcotic drug
• a stimulant or hallucinogen with a prior conviction
• at least 1 g stimulant
• at least 25 mg hallucinogen
• at least 1 g hallucinogenic substance
• ⅛ oz methamphetamine preparations
• at least 250 mg PCP
• a narcotic preparation to someone under 21

Key points to note:

• "Sell" includes actual sales, offers to sell, or agreements to sell.
• "Knowingly" means that the person was aware they were engaging in the sale of a controlled substance.
• "Unlawfully" refers to actions taken without legal authorization.

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

How We Fight 3rd Degree Criminal Sale of Controlled Substance Charges in New York

Every drug case is unique, and the right defense depends on the specific facts. However, potential defenses against a charge of criminal sale in the third degree may include:

• Challenging the Quantity or Composition: If the prosecution cannot prove the substance or the quantity involved meets statutory thresholds, the charges could be reduced or dismissed.
• Lack of Intent or Knowledge: The prosecution must prove you knowingly sold a controlled substance. Mistaken delivery or lack of knowledge can be a strong defense.
• Mistaken Identity: Especially in undercover operations, errors in identifying suspects can occur. Challenging eyewitness or undercover officer testimony can be critical.

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. Fully leverage them because they can:

• Scrutinize the evidence and the circumstances of your arrest;
• Challenge illegal police conduct;
• Negotiate to have charges reduced or dismissed where possible;
• Defend you vigorously at trial if necessary.

Possible Sentencing & Penalties in New York

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

For 3rd degree criminal sale of controlled substance charges, you’re facing:

• Class B felony
• 1 to 9 years in prison
• Alternate penalty of up to one year
• Up to $30,000

Your Defense Begins Now

Given the complexity and severity of charges under NY Penal Law § 220.39, 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.