Criminal Defense Lawyers

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

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.

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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.