Criminal Defense Lawyers

220.41 Criminal sale of a controlled substance in the second degree

In New York, you can face charges related to criminal sale of a controlled substance in the second degree if you deliberately and illegally sell a narcotic substance weighing at least 0.5 ounces, a stimulant weighing at least 0.5 ounces, lysergic acid weighing at least 0.5 milligrams and a stimulant weighing at least 0.5 ounces. You will also be convicted if you sell a hallucinogenic substance weighing five grams or more and a methadone weighing 360 milligrams or more.

The criminal sale of a controlled substance in the second degree falls under Penal Code 220.41. The penalty for violating this code is substantiated based on the degree and class of the offense committed. criminal sale of a controlled substance in the second degree is a class A-II felony, one of the serious crimes related to drugs. In order to be convicted of this felony, the prosecutor must prove beyond any reasonable doubts that on a certain date in a particular county in New York, you sold a specific type of drug in violation of the Penal Code 220.41. The prosecutor must also prove from the available evidence that you knowingly and unlawfully sold the drug whose weight exceeds the limits dictated by the code.

Possible Sentences

The State of New York has some of the most severe penalties for Class A felonies. If you are convicted of criminal sale of controlled substance to the second degree, you could face between three to eight years in prison, depending on the facts surrounding your case. You could also face a fine ranging between $1,000 to $50,000. In some cases, especially in scenarios where the sale of the controlled substance leads to a fatality, you may face up to 10 years in prison. If you used a child to transport the controlled substance, or you sold the substance to a person under the age of 17, your prison sentence could increase to 25 years, or worse, you could face a life sentence.

Possible Defense for criminal Sale of a Controlled Substance in the Second Degree

There are some defenses you could explore if you are charged with criminal sale of a controlled substance in the second degree. For example, for a prosecutor to convince the judges that you are guilty, he or she must prove that you knowingly and unlawfully sold a controlled substance. This means they must find you in possession of at least 0.5 ounces of a controlled substance at the time of arrest. Hence, if you had heroin or cannabis weighing 0.4 ounces, you cannot be charged with this crime. The police department must also have a valid course before they search your place for any controlled substance. If they search you for no reason and find a controlled substance, their evidence may not be admissible in court.

Find a Lawyer

While it is possible to defend yourself in court, it is always prudent to hire a lawyer. There are complex legal terms and procedures you may not be able to handle on your own. A lawyer will examine the facts surrounding your case, gather all evidence, brainstorm possible defenses and handle all court proceedings. He will also protect you against the prosecutors and other parties who may want to violate your rights during the case.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

When hiring a lawyer, look for someone who specializes in defending people who are facing criminal sale of a controlled substance in the second degree. Such a lawyer will give your case all the attention it deserves. Also, look for someone who has a lot of experience and a good track record in defending people with similar charges.