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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 Law PC 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 federal court.

We serve clients facing drug sales charges throughout all of New York, including Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

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 Law PC

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 Law PC today to find out how the firm can help you. The experienced team serves clients throughout Queens and New York City.

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  • “Passionate and effective representation of his clients in various courts.”

    Ade Agbayewa, Esq., New York Criminal Defense
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  • “Extremely ethical and a great human being.”

    Former Client
  • “I have looked up to Michael as a successful attorney, and on occasion for legal consultation and input on my own cases.”

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  • “Whether your case is civil or criminal, Mike has the intelligence and knowledge of the law to provide the best possible outcomes for his clients.”

    Roland Larkin, Former Superintendent NY State
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  • “He knows both criminal and immigration law like the back of his hand.”

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