Drug Dealing Crimes Explained by a NY Drug Crimes Defense Lawyer
Drug dealing is considered a very serious crime, both in New York and at the federal level. Those who are accused of distributing controlled substances, or even of intending to distribute controlled substances, could face a lengthy prison term. The specifics of the penalties and consequences are determined based on whether you’re facing state or federal charges, as well as based on the schedule of controlled substance and the amount of controlled substance. Laws can differ greatly from NY to the federal level, so you need to ensure your attorney is familiar with representing clients facing the type of drug charges you are dealing with.
Bukh Law Firm, PLLC is a trusted and experienced NYC drug defense law firm that has successfully represented clients who are facing prosecution within the state of New York as well as clients who could be faced with conviction for a federal crime. We fight aggressively and bring our extensive legal knowledge to every drug case and we are committed to helping defendants fight for the best outcomes possible either in court or through the negotiation of a plea deal. Give us a call if you are suspected of drug sales or dealing so we can begin to pursue a case to fight for your freedom.
New York and Federal Laws on Drug Dealing
In New York, drug dealers could be charged as major traffickers if they engage in selling drugs on a large scale. N.Y. Penal Code section 220.77 defines a major trafficker to include anyone who sells drugs, or who is in charge of an organization which sells drugs, which has sales or proceeds with an aggregate value of $75,000 or greater over six months. Major drug traffickers are charged with a Class A-I felony within the state of NY.
Even those who deal much smaller amounts of drugs can be punished by incarceration and can face serious consequences if convicted of a drug sales or a drug distribution crime in New York. NY has different categories of offenses for the criminal sale of a controlled substance, and also has a separate penal code section which imposes penalties on individuals who engage in the criminal sale of a controlled substance to a child. Both a past criminal record and the nature and amount of the substances being sold will determine which NY statute a defendant is charged under.
For example, criminal sales of a controlled substance in the first degree is defined in NY Penal Code section 220.43 as a crime in which a defendant knowingly and unlawfully sells compounds or mixtures that contain a narcotic drug with an aggregate weight of 2,000 ounces or more or 2850 milligrams or more for methadone. This is an A-1 felony, just as major trafficking is. Criminal sale of a controlled substance in the fifth degree, on the other hand, is a Class D felony.
The federal government also punishes drug dealing, and does not require a prosecutor to actually prove a drug was sold in order to charge someone with a crime carrying the penalties associated with selling drugs. A defendant may be charged with intent to distribute under 21 U.S. Code section 841 even if he doesn’t sell anything, based upon the amount of drugs he’s found with.
Being in possession of 100 grams of heroin, for example, could result in a mandatory minimum prison term of five years for first offenders while possessing one kilogram or more of heroin could result in a mandatory minimum sentence of 10 years for possession with intent to sell or distribute. Being found with these amounts of narcotics- or with other large amounts of drugs- can lead to a defendant being accused of drug dealing and facing the penalties that go along with this accusation.
How a NY Drug Defense Lawyer Can Help Defendants Accused of Drug Dealing
Bukh Law Firm, PLLC has represented many clients accused of drug sales. We will help you to respond strategically to both state and federal charges if your future is at risk due to charges for dealing drugs. To find an advocate who will be there to fight for you at every step of your case, give our NY drug defense law firm a call today.