NY Penal Law § 220.41: Criminal sale of a controlled substance in the second degree

You will have committed the crime of criminal sale of a controlled substance in the second degree under New York Penal Code § 220.41 if you unlawfully possess drugs as follows:

1. Narcotics weighing at least .5 ounce,
2. Methamphetamine weighing at least .5 ounce,
3. A stimulant weighing at least 5 grams,
4. Lysergic acid diethylamide weighing at 5 milligrams,
5. A hallucinogen weighing at least 25 milligrams,
6. A hallucinogenic weighing at least 5 grams, or
7. Methadone weighing at least 360 milligrams

The police received a tip that a large amount of cocaine was being stored in a warehouse, and that the cocaine would be distributed to several different people who would then sell it. The police stake out the warehouse. They observe a man enter the warehouse and leave carrying a small package. Upon following the man, they observed him give the package to a woman in exchange for what appeared to be cash. Upon arresting both the man and the woman, the police discovered that the package contained cocaine. If that package contained at least .5 ounces of cocaine, the man could be prosecuted for criminal sale of a controlled substance in the second degree.

1. Criminal possession of a controlled substance in the second degree: New York Penal Code § 220.21
2. Criminal sale of a prescription for a controlled substance: New York Penal Code § 220.65
3. Operating as a major trafficker: New York Penal Law § 220.77

If you are arrested for criminal sale of a controlled substance in the second degree, a possible defense would be to challenge the charge based on the amount of drugs found in the incident. For example, if the police found methamphetamine on you, but it weighed less that .5 ounce, then a charge of criminal sale of a controlled substance in the second degree would not be valid.

Another defense would attack the method the police used to find the drugs. In order to conduct a search the police must have probable cause. If the search was unlawful anything which the search produced, including drugs would be inadmissible in court and your case would likely be dismissed.

As a class A-II felony criminal possession of a controlled substance in the second degree is one of the most serious crimes in the New York Penal Code. This means that if you are convicted you could receive a sentence of life in prison and a fine of up to $50,000. The minimum sentence would be 3-8 years in prison. Your actual sentence will depend upon a number of factors including your prior criminal history

A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:

1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or

2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or

3. a stimulant and the stimulant weighs five grams or more; or

4. lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more; or

5. a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more; or

6. a hallucinogenic substance and the hallucinogenic substance weighs five grams or more; or

7. methadone and the methadone weighs three hundred sixty milligrams or more.

Being convicted of a drug selling crime is serious as the sentence that you face could be several years in prison, plus significant fines. For this reason it is critical that you are represented by an attorney who has experience representing those accused of drug crimes. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other 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.