New York Penal Code 220.43: Criminal Sale of a Controlled Substance

New York Penal Code 220.43: Criminal Sale of a Controlled Substance

Selling illegal drugs in New York can lead to serious criminal charges. New York Penal Code 220.43 specifically deals with the criminal sale of controlled substances in the first degree, which involves selling large quantities of drugs like heroin, cocaine, LSD, and others. This law makes it a Class A-I felony, the most serious drug crime in New York.

Let’s break down this law and what it means for people accused of violating it. We’ll look at the key elements of the crime, penalties, and possible defenses.

The Law

New York Penal Code 220.43 states:

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.

To be convicted under this statute, the prosecution must prove the following elements beyond a reasonable doubt:

• The defendant knowingly and unlawfully sold a controlled substance
• The substance sold contained a narcotic drug and weighed at least 2 ounces, or was methadone weighing at least 2,880 mg

This law targets drug dealers, not users. It applies to the actual sale of drugs, not just possession. The amounts are quite large, indicating an intent to distribute, not personal use.

Controlled Substances

The law refers to “controlled substances” containing narcotic drugs. Controlled substances are drugs that are regulated by federal and state laws because of their potential for abuse and addiction. There are five schedules or categories based on medical use and potential for harm.

Narcotic drugs typically refer to opioids like heroin, morphine, oxycodone, hydrocodone, and fentanyl. These are highly addictive substances derived from opium poppies. Other controlled substances like cocaine, LSD, and methamphetamine are also covered under NY Penal Code 220.43.

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Penalties

Criminal sale of a controlled substance in the first degree is a Class A-I felony. This is the most serious drug felony in New York. Penalties include:

• Minimum prison sentence of 15-25 years
• Maximum sentence of life in prison
• Fines up to $100,000

Those convicted face very lengthy mandatory minimum prison sentences. Even first-time offenders with no criminal history face 15-25 years behind bars. These strict penalties aim to get drug dealers off the streets.

Defenses

There are several legal defenses that a skilled criminal defense lawyer may use to fight NY Penal Code 220.43 charges, such as:

• Lack of intent – The prosecution must prove the defendant knowingly and intentionally sold drugs. For example, if someone was unaware drugs were in a package they delivered, they may not have criminal intent.
• Entrapment – This occurs when police coerce or improperly induce someone into committing a crime they otherwise wouldn’t. If police pressured the defendant into selling drugs, entrapment could invalidate the charges.
• Misidentification – Eyewitnesses who identify the defendant as the drug seller could be mistaken. If the defense can raise doubts about the ID, it may defeat the charges.
• Illegal search – If police violated the defendant’s 4th Amendment rights by conducting an improper search and seizure, evidence obtained could be suppressed.

An experienced drug crimes lawyer will thoroughly analyze the facts of the case to determine the best defense strategy.

Related Charges

NY Penal Code 220.43 is not the only drug sales charge defendants face. Prosecutors may stack on additional charges like:

• Criminal possession of a controlled substance – Possessing drugs, even if not selling them[1]
• Drug sales near a school – Harsher penalties if sold near a school or to minors[2]
• Conspiracy – Agreeing with others to sell drugs[3]

Prosecutors will file any applicable charges to intimidate defendants into pleading guilty. An attorney can negotiate to get charges reduced or dismissed through plea bargaining.

Getting Legal Help

Facing felony drug sales charges under NY Penal Code 220.43 is extremely serious. The potential penalties of 15+ years in prison and lifelong criminal record are no joke.

Don’t go it alone against the power of the government. Hire an experienced criminal defense lawyer to protect your rights. A knowledgeable attorney can thoroughly analyze the prosecution’s case and build the strongest defense to achieve the best outcome possible.

With so much at stake, take a proactive approach and consult with a drug crimes lawyer as early as possible. An attorney can guide you through the criminal justice process and develop a strategy to fight the charges and minimize penalties. There are options available, so don’t lose hope. Let an expert lawyer handle these life-changing charges for you.

References

[1] https://ypdcrime.com/penal.law/article220.php
[2] https://criminaldefense.1800nynylaw.com/new-york-penal-code-220-43-criminal-sale-of-a-controlled-substan.html
[3] https://www.nysenate.gov/legislation/laws/PEN/220.43