The criminal sale of a controlled substance is a drug crime that involves the unlawful sale or distribution of particular drugs to another person. Under New York Penal Code, a controlled substance is considered any drug listed in Schedule I, II, III, IV, or V of the New York Controlled Substances Act, excluding marijuana.

This may therefore include:

• Heroin

• Cocaine

• Methamphetamines

• Ecstasy

• Opiates

• Codeine

• Morphine

• Oxycodone

Depending on the specific type and amount of drug, a defendant facing drug sale or distribution charges may face 7 to 25 years in prison. Enhanced penalties may apply if the defendant is accused of selling drugs at or near a school.

There are many factors that can influence sentencing for a conviction involving the distribution and/or sale of a controlled substance. Depending on the type of narcotic (e.g., marijuana versus heroin) and the quantity involved, the penalty may be more or less severe. Any conviction will carry enhanced penalties if the crime took place near a school, recreation center, or church.

Another factor considered during sentencing is any prior conviction the defendant may have on record, which can also enhance the penalty. Due to the harsh nature of the penalties involved upon conviction, it is advisable to mount a strong defense aimed at achieving an acquittal or reduced charges. The proven, extensive experience of a NYC criminal defense attorney from our firm will give you the best chance for an optimal outcome in your case.