220.39 Criminal sale of a controlled substance in the third degree

New York has several laws that prohibit selling drugs unlawfully. One of these laws is New York penal law 220.39. It prohibits the criminal sale of a controlled substance in the third degree. This a serious felony that falls in the middle of New York's five classifications of sale of drug offenses.

Classifications of Drug Offenses

New York law attaches varying penalties based on a number of factors present in the offense. The goal is to make the severity of the punishment fit the crime. The worst offenses are first-degree offenses. The least-severe offenses for the sale of drugs are fifth-degree offenses. That makes third-degree sale of a controlled substance offenses middle of the pack when it comes to the severity of the offense. However, all sale of drug offenses are serious felonies. A conviction in the third degree is a class B felony. A third-degree sale is classified as a non-violent felony, but the offense can still bring up to 25 years in prison. There are also mandatory minimum sentences for a class B non-violent offender, so a person facing a third-degree controlled substance sale charge should know that they're looking at significant incarceration if they're convicted as charged.

Specifics of the Charges

There are multiple ways that a drug sale might amount to sale of a controlled substance in the third degree. The sale of any narcotic drug falls into this category. If you have a prior conviction and you sell a hallucinogen or stimulant, it's a third-degree offense. Even without a prior offense, a sale of a stimulant can be a third-degree offense if you sell one gram or more of it. A hallucinogen sale of twenty-five milligrams or more is a a third-degree offense without a prior conviction. There are other compounds and substances that also fall into this category. Finally, selling a narcotic preparation to anyone under 21 also falls into the third-degree category.

Other Possible Penalties

When you're facing a third-degree drug sale charge, significant jail time is likely your biggest concern. In addition, you likely have to pay a significant fine. Criminal forfeiture laws may also be a problem for you. Forfeiture can come into play when the state tries to take property that they say you use in order to help you commit crimes. Forfeiture demands require the state to take certain steps in order to bring a proper demand. You have the right to a hearing on the matter. In addition to these penalties, the court may also place you on probation or parole.

Defending Yourself Against Sale of Drug Charges

There are multiple ways that you might go about defending yourself against drug sale charges. You might tell the jury that you didn't knowingly sell the drugs. You might claim that it was all a misunderstanding. You might also disagree with the state about the identification or the quantity of what you sold. In addition, you might disagree that you ever intended to sell anything. You might also consider defending yourself against the charges on constitutional grounds. You may consider participation in one of New York's problem solving courts. Drug court is a court that aims to help offenders stop abusing substances and become productive contributors to society. Participating in a drug court may take some work if you're facing a serious, third-offense charge, but you may be able to work with your attorney in order to plead guilty to a lesser offense in exchange for your participation in the program. If you're facing charges, it's important to evaluate the case from every direction in order to determine the best possible defenses.

The State of New York's Penal Code 220.39: Criminal Sale of a Controlled Substance in the Third Degree

The state of New York has several laws that make it illegal to sell drugs. One of those is Penal Code 220.39, which is criminal sale of a controlled substance in the third degree. There are certain criteria that can result in a person being arrested and charged with this crime.

What is Criminal Sale of a Controlled Substance in the Third Degree as Per New York's Penal Code 220.39?

In order for a person to be charged and convicted of criminal sale of a controlled substance in the third degree in New York, they must knowingly and illegally have sold controlled substances. The following must be in place as well:

• The controlled substance is a narcotic drug
• The controlled substance is a stimulant that weighs at least one gram
• The controlled substance is lysergic acid diethylamide that weighs at least one milligram
• The controlled substance is a hallucinogen that weighs at least 25 milligrams
• The controlled substance is a hallucinogenic that weighs at least one gram
• The controlled substance is methadone that weighs at least one-eighth of an ounce

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On top of all these specifics, a person can be charged with criminal sale of a controlled substance in the third degree in New York if they sell narcotics to someone younger than 21, a stimulant, lysergic acid diethylamide, hallucinogen or hallucinogenic if they have a prior conviction for a drug-related crime. It's important to note that in the state of New York, the word "sell" has a relatively broad definition. For example, a person can sell controlled substance for money. However, selling can also include giving another person the controlled substance in exchange for goods or services. It can even include giving a controlled substance to another person or offering or agreeing to sell drugs. The person can also receive additional charges if drug paraphernalia was included with the drugs themselves.

Penalties and Sentences for Criminal Sale of a Controlled Substance in the Third Degree Per New York's Penal Code 220.39

In New York, criminal sale of a controlled substance in the third degree is considered a class B felony, which means the individual convicted of this crime can face harsh penalties. A person can receive a prison sentence of up to 25 years. If there are no prior felony convictions, the individual would receive a minimum of five years in prison. However, with a prior felony conviction on one's record, a person would receive at least 10 years in prison. The person would also be responsible for paying a fine of a maximum of $30,000.

Possible Defenses for Criminal Sale of a Controlled Substance in the Third Degree

One of the most common defenses that a criminal defense attorney can use in a case of criminal sale of a controlled substance in the third degree is to argue that the amount of the drugs in question were less than the amount required as per the Penal Code. If the amount is less, the person could not be charged or convicted of the crime. Another common defense would involve the defense attorney arguing that the police uncovered the drugs without probable cause or without a search warrant. If the police did not have probable cause to believe the individual committing a crime, or if they searched for drugs without a warrant, the case would be thrown out of court. In New York, all drug offenses are considered serious. A person who is arrested for criminal sale of a controlled substance in the third degree can only benefit from speaking with a skilled criminal defense attorney at their earliest convenience. An attorney can help by building a strong defense for the case and can potentially get the charges against the person reduced or even dropped altogether. Don't deal with 220.39 criminal sale of a controlled substance in the third degree alone. Speak to the Spodek Law Group today.