Criminal Sale of a Controlled Substance
What do these charges entail in NYC?
When an individual is caught unlawfully selling any type of narcotic to
another party, they could be arrested and charged with the criminal sale
of a controlled substance. The state of New York regards this type of
drug crime as a very serious offense, as it is similar to charges of distribution.
Years in jail, huge fines and probation can be expected if you are convicted.
Any drug listed under Schedule I, II, II, IV or V of the Controlled Substances
Act is considered a controlled substance, with the exception of
marijuana. The severity of the subsequent charges will depend on the amount and
the type of drug that was unlawfully sold. In the state of New York, you
could be charged with drug sales in the fifth to first degree.
Types of drug sale charges may include:
- Criminal sale of a prescription for a controlled substance
- Criminal sale of a controlled substance (first to fifth degree)
- Criminal sale of a controlled substance near school grounds
The sentencing on these types of crimes varies according to the circumstances
involved. The severity of the sentence could depend on the amount and
schedule of the drug you were allegedly selling. For example, criminal
sale of a controlled substance in the first degree could result in up
to 25 years imprisonment, along with probation and fines.
Targeted in an undercover police sting?
In order to collect a sufficient amount of evidence against a suspected
drug dealer, police will often coordinate undercover sting operations
to catch the individual in the act. They may approach the suspected dealer
and ask to buy drugs, but there is a fine line that they cannot cross.
If they deviate from the strict guidelines that have been put into place,
they could be accused of entrapment—thus making the evidence inadmissible in court.
For this reason, it is highly recommended that you discuss the circumstances
of your arrest with an experienced lawyer if you have been targeted in
an undercover sting operation. We may be able to show that the officer
persuaded you to act in a manner that you normally wouldn't have,
once we have examined any recordings of the incident, so do not hesitate
to call today.
Criminal Drug Sale Penalties
If convicted, a defendant can face up to 25 years in state prison, but
the severity of the sentence depends on several factors, including the
specific type of drug, the amount of the drug that was sold, and if the
defendant is accused of selling the drugs at or near a school. Whether
your criminal sale of a controlled substance charges consist of oxycodone,
morphine, ecstasy, methamphetamines, codeine, opiates, heroin, or cocaine
charges, seeking the legal guidance of a skilled lawyer will be crucial
in determining the outcome of your case.
What to Do After a Drug-Related Arrest
With many factors to consider, a New York City drug defense attorney at
the Law Offices of Daniel A. Hochheiser will provide you with the necessary
information surrounding your unique situation that allows you to make
educated and informed decisions throughout the remainder of the case.
Our firm offers innovative defense tactics in the courtroom, and we will
protect your rights. Whether you're located in New Rochelle, Yonkers,
or White Plains, we can help.
Due to the fact that many drug cases are handed over to federal courts,
an even stronger and more aggressive defense must be built to protect
a defendant from the intimidating federal prosecutors. The attorneys at
the Law Offices of Daniel A. Hochheiser are well-versed in all aspects
of criminal law, especially those pertaining to drug crimes.
Call now to
set up your free initial consultation. We are available to our clients 24/7.