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220.48 Criminal sale of a controlled substance to a child30 Jan 2019

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 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.

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