NY Penal Law § 220.43: Criminal sale of a controlled substance in the first degree

Of the 29 controlled substances crimes and 10 marijuana crimes in the New York Penal Code, 13 relate to the sale of controlled substances or the sale of marijuana. Of the 5 class A felonies related to drug crimes, 3 of them involve selling drugs. Under New York Penal Code § 220.43, criminal sale of a controlled substance in the first degree, you would have committed a class A-I felony if you sell a large amount of narcotics. Specifically, to be prosecuted under this section the amount of drugs involved must be:

1. 2 ounces or more of a narcotic
2. 2,880 milligrams or more of methadone

Pursuant to a search warrant police officers enter a man's home. They find the man as well as several others in a room with several glassine envelopes of heroin and a significant amount of cash. Based on what was found it was clear that the man was in the process of selling the other people in the house a significant amount of heroin. If the amount was at least 2 ounces, then the man could be prosecuted for criminal sale of a controlled substance in the first degree.

1. Criminal possession of a controlled substance in the first degree: New York Penal Code § 220.21
2. Operating as a major trafficker: New York Penal Law § 220.77

If you are arrested for first degree criminal sale of a controlled substance, you can challenge the charge based on the amount of drugs found in the incident. If the drug is a narcotic and the amount is less than 2 ounces or if the drug is methadone and the amount is less than 2,880 milligrams, then a change of criminal sale of a controlled substance in the first degree would not be valid.

Another defense would attack the method the police used to find the drugs. In order to conduct a search, whether it be a search of your car, your home, or some other place, the police must have probable cause. If the search was unlawful, anything which the search produce, including drugs would be inadmissible in court and your case would likely be dismissed.

Criminal sale of a controlled substance in the first degree is one of the most serious crimes in the New York Penal Codes. It is a class A-1 felony. This means that if you are convicted you could receive a sentence of life in prison. The minimum sentence would be 15-40 years. You may also be ordered to pay a fine of up to $100,000

A person is guilty of criminal sale of a controlled substance in the first 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 two ounces or more; or

2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

Criminal sale of a controlled substance in the first degree is one of the most serious crimes of which you can be convicted. You will surely receive a substantial prison sentence, and you will be required to pay a fine of thousands of dollars. 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