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New York Drug Selling Frequently Asked Questions

What is the crime of drug selling in New York?

If you sell a drug that is a controlled substance, you will be charged with criminal selling of a controlled substance. Controlled substances include cocaine, crack, heroin, ecstasy, methamphetamine, anabolic steroids, GHB, PCP, LSD, and many others. “Selling” does not only mean exchanging drugs for money. It also refers to exchanging drugs for something else of value or giving away drugs. If you have been charged with a drug selling crime, contact an experienced New York drug selling lawyer to ensure that your legal rights are protected.

Is selling a prescription a crime?

In recent years there has been a growing problem of people doctor shopping in an effort to get prescriptions for controlled substances, as well as an increase in doctors selling prescriptions. To combat this problem, New York enacted a law making it illegal for a doctor, dentist, veterinarian, scientist or anyone authorized to dispense controlled substances to sell prescriptions. Prescriptions are commonly sold for hydrocodone, meperidine, oxycodone, hydromorphone, diazepam, alprazolam, and amphetamines.

What are the different drug selling crimes?

There are several provisions in the New York criminal code that prohibit the sale of controlled substances. As an experienced New York drug selling lawyer will explain, the specific charge that you will face depends on the amount of the drug involved, with the most serious offense being Operating as a major trafficker.

  • Criminal sale of a controlled substance in the fifth degree
  • Criminal sale of a controlled substance in the fourth degree
  • Criminal sale of a controlled substance in the third degree
  • Criminal sale of a controlled substance in the second degree
  • Criminal sale of a controlled substance in the first degree
  • Criminal sale of a controlled substance in or near school grounds
  • Criminal sale of a prescription for a controlled substance
  • Operating as a major trafficker
If I am convicted of drug selling will I go to prison?

Yes. Each drug selling offense is a felony, with the least serious crime being a class D felony. The sentencing guidelines provide that for a first offender without priors the minimum sentence is one year in prison. As a drug selling attorney in New York will explain, whether or not you will be sentenced to prison will be based on a number of other factors in addition to prior criminal history. For example, other aggravating factors include someone being injured, the use of threats, and the use of a weapon. The judge is likely to impose a harsher sentence if any of these factors were part of the crime. On the other hand, if you are a first time offender, expressed remorse, and whether you co-operated with law enforcement. If any of these factors are present, the judge will take them into consideration and may give you a more lenient sentence.

Can I get my drug selling conviction sealed?

Under the new sealing law, certain felony convictions are eligible for sealing, including drug convictions. In addition, you are only allowed to have up to two convictions sealed, and only one of the convictions can be a felony. Furthermore, you must apply for sealing. The judge will take into consideration a number of factors when determining whether or not to grant your application for sealing.

Contact the Law Offices of Stephen Bilkis & Associates

Drug charges are very serious. If you are convicted not only will you end up in prison, you will have a criminal record which will make it difficult for you to find a job or housing. If you are facing criminal drug selling charges, it is critical that you have experienced representation. The drug selling attorneys serving New York at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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