Penalties for selling illegal drugs or controlled substances in New York have long been some of the toughest in the country and are stricter than penalties for merely possessing drugs. Serious drug charges may result in life in prison, and the penalties depend on the amount and type of drug as well as the location where they were sold and the criminal record of the defendant.
In 1979, however, New York removed the sale of marijuana from this section of the law and it is now covered in a different section of the law.
If you face criminal charges under New York Penal Law (N.Y. P.L.), Section 220 for the sale of a controlled substance in Manhattan or any of New York City’s five boroughs, you should contact a skilled lawyer who will seek the best possible results for you. At Greco Neyland, PC, we represent people facing charges of criminal sale of a controlled substance of all degrees.
Your Manhattan drug charges require a defense lawyer who can give your case the personal attention it needs to obtain the best result – not a public defender with a huge caseload. At Greco Neyland, PC, we spend the time to thoroughly research each client’s case to develop the most aggressive defense possible against your charge of criminal sale of a controlled substance.
With Greco Neyland, PC, you will have a former prosecutor fighting for you. We know how the other side thinks because we used to be on that side. We use our knowledge to put our clients in the best possible position in all aspects of their cases. We represent clients in Manhattan, Brooklyn, and all five New York City boroughs. Call us today at (212) 951-1300 to schedule a free consultation.
The penalties for criminal sale of a controlled substance in New York depend on the amount and type of the drug sold. There are several categories of criminal sale of a controlled substance, but prosecutors will usually file a charge on the most serious offense:
Criminal sale of a controlled substance in the first degree will be charged if it is alleged that you sold one of the following:
This is defined as a class A-I felony under N.Y. P.L. 220.43, and conviction will result in:
Criminal sale of a controlled substance in the second degree will be charged if it is alleged that you sold one of the following:
This is defined as a class A-II felony under N.Y. P.L. 220.41, and conviction will result in:
Criminal sale of a controlled substance in the third degree will be charged if it is alleged that you sold one of the following:
This is defined as a class B felony under N.Y. P.L. 220.39, and conviction will result in:
Criminal sale of a controlled substance in the fourth degree will be charged if it is alleged that you sold one of the following:
Criminal sale of a controlled substance in the fourth degree will also be charged if it is alleged that you sold any controlled substance in any amount at or on the grounds of a:
Criminal sale of a controlled substance in the fourth degree is defined as a class C felony under N.Y. P.L. 220.34, and conviction will result in:
Criminal sale of a controlled substance in the fifth degree will be charged if it is alleged that you sold any amount of any illegal or prescription drug that does not fit into any of the above categories. This is defined as a class D felony under N.Y. P.L. 220.31, and conviction will result in:
The NYPD often works with federal DEA enforcement as well as the state police. The NYPD especially targets those in the 18 to 40 age group who are suspected of selling drugs, due to an association with violent crime.
Some defenses might be available to you if you are charged with criminal sale of a controlled substance. Police may have violated your Constitutional rights when collecting evidence, and in such a case, it should not be used against you in court.
Evidence may have been improperly stored or tested, and the amount or type of drug you are charged with selling may be incorrect. If this is the case, the charges against you can be reduced to a lesser degree or even dismissed entirely. You should consult with an experienced New York City criminal defense attorney to understand the charges and punishments you face.
NYPD — Narcotics Division’s primary responsibility for enforcement of controlled substance laws in NYC falls to the NYPD Narcotics Division:
1 Police Plaza
New York, NY, 10038
Narcotics Complaints 24 Hour Desk: (646) 610-6610
Assistant Chief Commanding: Brian J. McCarthy
New York City Office of the Special Narcotics Prosecutor — The New York City Office of the Special Narcotics Prosecutor (SNP) investigates and prosecutes more than 3,000 arrests annually and has jurisdiction over felony narcotics crimes in the five boroughs of New York City. Additionally, SNP works to reduce the demand for narcotics by raising public awareness and facilitating treatment for addicted offenders.
Office of Special Narcotics Prosecutor
80 Centre Street, 6th floor
New York, NY 10013
Bureau of Narcotic Enforcement — The New York state Bureau of Narcotic Enforcement (BNE) is responsible for combating the illegal use and trafficking of prescription controlled substances. The Bureau provides millions of secure Official New York State Prescriptions annually to over 95,000 prescribing practitioners across the State.
BNE monitors and regulates controlled substances through its issuance of licenses to manufacturers, distributors, hospitals, nursing homes, and researchers. BNE Narcotic Investigators investigate suspected drug diversion or illegal sales involving theft, forgery, and fraudulent visits to practitioners’ offices, and work closely with local, state and federal law enforcement. The Bureau also prevents prescription drug abuse through educational materials and presentations for parents, educators, and healthcare professionals.
New York State Department of Health
Bureau of Narcotic Enforcement
Empire State Plaza
Albany, NY 12237
If you have been arrested for criminal sale of a controlled substance in New York, you face serious penalties if convicted, so you need an advocate on your side who will fight hard to get you the best possible result.
The experienced attorneys at Greco Neyland, PC represent people charged with drug crimes in NYC, Brooklyn, and throughout the five boroughs of New York City. Contact the skilled New York City lawyers for drug charges at Greco Neyland, PC today. We will explore every possible avenue in your case. Call us today at (212) 951-1300 to schedule your free consultation.
Our New York criminal lawyers assist clients accused of or charged with the following: