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220.48 Criminal sale of a controlled substance to a child
Being charged with criminal sale of a controlled substance is serious enough. It becomes even more serious when the sale to a child is included in the charges. If you’ve been charged with criminal sale of a controlled substance to a trial, you need to know all about the nature of this class B felony.
What is a Controlled Substance?
Under New York law, a controlled substance is a type of drug that is illegal for sale, either in general or by unauthorized individuals. These can include opiates like heroin, prescription drugs like Xanax or Oxycontin, or other recreational drugs such as cocaine. The severity of the charges can be affected by which drugs you have been charged with selling and how much there was in the transaction.
How is a Child Defined?
Under New York law, a child is considered to be anyone under the age of 17. Should it be known that you aware of their minor status upon the time of sale, you will be facing the harsher penalty of selling a controlled substance to a child. Even if you were ignorant of their age, it may be argued that there was enough evidence to indicate that this was a child. There’s also no amnesty for selling a controlled substance to a child who happens to be a member of your family.
Sentencing
As aforementioned, the sentencing can be very harsh for those convicted of sale of a controlled substance to a child. Even if you have no previous convictions, you could be facing a minimum of five years in prison and a maximum of 25 years. Should you have any previous convictions, you could be facing a minimum of a decade in prison. There are also fines that could be imposed upon your conviction.
More Than One Conviction
Depending on the nature of your case, prosecutors could charge you with more than just criminal sale of a controlled substance to a child. You could also be facing charges of possession of a controlled substance with intent to sell, sale of a controlled substance, and more. If a jury convicts you on all of these charges, it is up to the discretion of the judge to determine how you are sentenced. Your best hope is that your judge allows you to complete each sentence together. For instance, if you have been sentenced to five years in prison for criminal sale of a controlled substance to a child and five years for possession of a controlled substance with intent to sell, you would be serving a five-year sentence, not a ten-year one.
Fighting Your Case
If you’ve been charged with criminal sale of a controlled substance to a child, you need to make sure that you have the right legal representation. Your attorney, whether they’re a lawyer you’ve specifically hired or a public defender who’s been appointed to you, should be well-versed in local drug laws. They should be able to review the facts of the case and make arguments that could cast doubts about whether the charges being presented are fair. You might not be able to achieve an acquittal, but there’s a good chance you will have your charges reduced.
Being charged with and convicted of criminal sale of a controlled substance to a child can come with serious penalties in terms of sentencing and any fines amassed. You need to have quality legal representation to help you fight your case. By preparing for your case and following your attorney’s advice, you can have a better chance of acquittal.
Don’t deal with 220.48 criminal sale of a controlled substance to a child alone. Speak to the Spodek Law Group today.
220.48 Criminal sale of a controlled substance to a child
The New York Penal Code 220.48 provides for severe penalties to individuals who sell controlled substances to children. According to the penal code, a person is guilty of illegal sale of a controlled substance to a child if he deliberately and unlawfully sells a controlled substance to a person under the age 17.
Criminal Sale of Controlled Substance to a Child in New York
One is charged with criminal sale of a substance to a child when he knowingly sells certain types of drugs to someone who is below 17 years old. The substances may include drugs such as dangerous depressants, concentrated cannabis, methadone, ketamine, narcotic preparation, heroin, prescription drugs, cocaine and many others. The person may also be charged if he sells a controlled substance in violation of section 220.31 of the penal code, particularly when such sale takes place in an educational facility. In order to be convicted of this crime, the person selling the substance must be 18 years and above.
Example criminal Sale of a Controlled Substance to a Child
There are many possible case scenarios that can define criminal sale of a controlled substance to a child. For example, a 26-year old professional pharmacist who knowingly sells a drug to a customer who is 14 years old without a doctor’s prescription may be charged under this penal code. A 41-year old man who sells cannabis to a 15-year old person may also be charged if it is proven that he knew the person is not yet 17. The violation of the penal code would still be applicable if the people involved are related or if the person who sells the controlled substance provides a price break.
Possible Penalties
The New York Penal Code categorizes sale of a controlled substance to a child as a serious crime punishable by law. It falls under the category of class B felonies, which is one of the most serious crimes one can face in New York.
In most cases, the person guilty of the offense will face a minimum sentence of three years in prison. He may also face fines in place of or in addition to the prison sentence. Since the criminal sale of a controlled substance to a child is a non-violent felony, the prison sentence does not exceed 25 years. However, this depends on the person’s criminal history. If he has a previous conviction for a felony or a lesser crime, he may spend more years in prison. He may also face a fine up to $30,000.
Depending on the judge, the person prosecuted for criminal sale of a controlled substance to a child may actually face multiple charges. The investigations conducted by the police may reveal other crimes such as possession of illegal drugs or use of a child to commit a controlled substance offense. During sentencing, the judge may choose to make the sentences on all charges to run concurrently or impose consecutive sentences. This will depend on the facts surrounding the offense and the person’s criminal history.
Possible Defenses
The New York Penal Code has minimum requirements regarding the amount of drug that must be sold to sustain the charge. For example, one must sell ketamine that weighs more than 4,000 milligrams or a dangerous depressant that weighs more than two pounds. A person can create a defense if he proves beyond any reasonable doubts that the quantity of drug given to the child did not exceed the amounts prohibited by the law. The code also requires the substance to be sold to someone under the age of 17. A person can defend himself by denying any knowledge of the person’s age.