Queens Drug Sales Attorney
Drug Sales: A Serious Felony Charge in New York
Criminal sale of a controlled substance occurs when a person knowingly
and unlawfully sells a narcotic, hallucinogenic or other drug like
cocaine, heroin, meth or ecstasy. It also applies to the unlawful sale of prescription
drugs, as these are controlled substances and can only be sold by licensed
professionals to persons with valid prescriptions.
Under New York State Penal Code §§ 220.21-44, criminal sale of
a controlled substance is a felony punishable by 7 years to life in prison,
depending on the type and amount of drug. A different set of laws applies to
marijuana sales; this offense may be charged as a misdemeanor or a felony depending
on the case.
Why It Is Important to Have a Qualified Lawyer
Involving a lawyer is one of the most important steps to take if you or
someone you love has been arrested for or charged with drug sales. You
have the right to legal counsel; exercising this right will mean you have
someone on your side to protect your interests. A
New York City drug crime defense lawyer at Musa-Obregon & Associates can provide competent legal representation
when you need it most. The firm is led by a former prosecutor who understands
both sides of criminal proceedings in New York and has the skill to defend
clients in state and
We serve clients facing drug sales charges throughout all of New York,
including Queens, Brooklyn, The Bronx, Manhattan, Rockland County and
Criminal Sale of a Controlled Substance Charges & Penalties
Criminal sale of a controlled substance in the first, second, third, fourth
and fifth degree, and criminal sale of a controlled substance in or near
school grounds are covered under NYS Penal Code §§ 220.31-44.
The least serious of these is criminal sale of a controlled substance
in the fifth degree, which essentially involves any knowing and unlawful
selling of a narcotic, hallucinogenic or other controlled substance. This
class D felony offense may be punishable by up to seven years in prison,
though the court may have much discretion in determining a sentence.
From there, the charges and penalties for drug sales increase depending
on the type and amount of drug, all the way to the class A-I felony offense
of criminal sale of a controlled substance in the first degree. This offense
involves selling 2 or more ounces of a narcotic (such as heroin, morphine,
codeine or hydrocodone) or 2,880 milligrams of methadone. As a class A-I
felony, this may be punishable by life in prison, with a mandatory minimum sentence.
When drug sales are allegedly committed on or near school grounds, a defendant
will be at risk of facing enhanced penalties, even if the offense would
normally be classified as a lesser felony offense due to the amount and
type of drug. If the alleged sale took place on school grounds, on a school
bus or within 1,000 feet of school property, including playgrounds, athletic
fields and parking lots, this may be categorized as a class B felony punishable
by up to 25 years in prison.
Criminal Sale of Marijuana: NYS Penal Code §§ 221.35-55
Different charges and penalties apply to marijuana sales offenses in New
York, under NYS Penal Code §§ 221.35-55. The least serious of
these charges, criminal sale of marijuana in the fifth degree, is a class
B misdemeanor. This charge applies to alleged sales of two grams or less
of marijuana. Penalties increase as the amount of marijuana increases,
all the way to criminal sale of marijuana in the first degree, a class
C felony involving more than 16 ounces of marijuana.
Though the penalties for marijuana offenses are less serious than those
that apply to other controlled substances, criminal sale of marijuana
in the first degree may be punishable by up to 15 years in state prison.
Even a misdemeanor marijuana sales offense may result in jail time and
a heavy fine. You should do what you can to avoid these serious penalties
– and that means finding an attorney who is familiar with challenging
drug charges in New York City.
Choose an NYC Drug Crime Defense Lawyer at Musa-Obregon & Associates
When faced with drug sale charges, your entire future may be on the line.
You may be facing years in state prison and the very real possibility
that you will have to live the rest of your life with a felony conviction
on your record. Make sure you have a
New York City criminal defense lawyer who can build a strong defense on your behalf. Choose a firm that has
the resources and track record of success you can count on.
Contact Musa-Obregon & Associates today to find out how the firm can help you. The experienced team serves
clients throughout Queens and New York City.