Criminal Sale in the Third Degree of a Controlled Substance: New York Penal Code § 220.39

by ECL Writer
Criminal Possession In The Fifth Degree Of A Controlled Substance

Criminal Sale in the Third Degree of a Controlled Substance is a serious offense in the state of New York. It is defined under New York Penal Code § 220.39 and involves the unlawful sale of a controlled substance in the third degree. This offense is considered a felony, and if convicted, the offender could face severe legal consequences, including imprisonment and hefty fines.

The sale of controlled substances is strictly regulated under New York law, and any violation of these regulations is taken very seriously. In this article, we will take a closer look at Criminal Sale in the Third Degree of a Controlled Substance and its implications under New York law. We will discuss the elements of the offense, the types of controlled substances covered under the statute, the penalties for conviction, and the defenses available to those accused of this crime. Understanding the nuances of this offense is crucial for anyone involved in the sale or distribution of controlled substances in the state of New York.

According to NY Penal Code 220.39, selling any of the following illegally and intentionally constitutes a criminal sale in the third degree of a controlled substance.

  • A narcotic drug; or
  • At least one gram of a stimulant; or
  • At least one milligram of lysergic acid diethylamide; or
  • At least twenty-five milligrams of a hallucinogen; or
  • At least one gram of a hallucinogenic; or
  • At least ⅛ of an ounce of methadone.

Additionally, supplying drugs to a person who is under twenty-one years old is prohibited by this penal law. Additionally, this portion of the law is broken if a person who has previously been convicted of a drug crime sells stimulants, hallucinogens, hallucinogenic substances, or lysergic acid diethylamide.

Definition And Elements Of Criminal Sale Of A Controlled Substance In The Third Degree

The criminal Sale of a Controlled Substance in the Third Degree is a serious criminal offense under New York law. It is defined in New York Penal Law § 220.39, which sets out the specific elements that must be met for an individual to be charged and convicted of this crime.

The following are the key elements that must be established in order for a person to be found guilty of Criminal Sale of a Controlled Substance in the Third Degree:

  • Sale of a Controlled Substance: The first element is that the defendant must have sold a controlled substance. This means that the defendant transferred the substance to another person in exchange for something of value, such as money or goods.
  • Third-Degree Controlled Substance: The second element is that the controlled substance sold must be classified as a Schedule I, II, III, IV, or V drug. These classifications are based on the drug’s potential for abuse, risk of dependency, and accepted medical uses.
  • Knowledge of the Sale: The third element is that the defendant must have known that they were selling a controlled substance. The prosecution must prove that the defendant knew or should have known that the substance they were selling was illegal.
  • Criminal Intent: The fourth and final element is that the defendant must have acted with criminal intent. This means that they intended to sell the controlled substance and knew that it was illegal to do so.

If all of these elements are met, an individual can be charged with and convicted of Criminal Sale of a Controlled Substance in the Third Degree, which is a Class B felony in New York. The penalties for conviction include imprisonment for up to 25 years, fines, and a criminal record that can have lasting consequences.

NY Penal Code § 220.39: Criminal Sale In The Third Degree Of A Controlled Substance

To reiterate, criminal sale in the third degree of a controlled substance is a chargeable offense when a person knowingly and unlawfully sells:

  • A drug that is a narcotic; or
  • A stimulant, lysergic acid diethylamide, hallucinogenic substance, or hallucinogen and has a previous conviction for an offense described in Section 220 or the attempt to commit or conspiracy to commit the offenses specified in Section 220; or
  • One gram or more of a stimulant; or
  • One milligram or more of lysergic acid diethylamide; or
  • Twenty-five milligrams or more of a hallucinogen; or
  • One gram or more of a hallucinogenic substance; or
  • A one-eighth ounce or more of substances, mixtures, compounds, or preparations containing methamphetamine, isomers, salts, or salts of isomers; or
  • Two hundred fifty milligrams or more of phencyclidine; or
  • A preparation containing a narcotic for a person less than twenty-one years of age.

Penalties And Sentencing For Criminal Sale Of A Controlled Substance In The Third Degree

The determining judge will need to consider the past and criminal history of the guilty person, as well as many characteristics of the crime and the specifics of the case, in order to determine the proper sentence for the crime committed.

Imprisonment

A Class B felony conviction for the third-degree illicit sale of a controlled narcotic carries a prison term. The minimum jail term is ten years if there have been past convictions for a felony; however, if there have been prior convictions, the minimum prison term is five years.

Monetary fine

In addition to receiving a sentence of up to $30,000 in prison, the convicted party may also be ordered to pay a fine.

Defenses To Criminal Sale Of A Controlled Substance In The Third Degree

Lack of probable cause

Drugs discovered while enforcing the law are not admissible as evidence if the requirements for probable cause are not met. In New York, there must be probable cause before a search of a person, their home, office, or vehicle that is under the defendant’s control can be carried out. To infer a probable cause, law enforcement officials must have a solid basis for believing that someone has broken the law. Because the law enforcement officers observed the exchange of cocaine for cash in the aforementioned scenario, probable cause may be raised.

The transaction was not an attempted or actual sales transaction

The charges may be withdrawn if the defendant can present evidence to show that the transaction was not an actual or attempted selling event.

The number of drugs involved did not meet the minimum required

If the person charged with the felony can prove that the number of drugs was less than the minimum stipulated in the statute, then this section of the law may not be applicable.

Other lines of defense

Through diligent analysis of the testimony of the accused and the officers who were directly involved, along with the events of the case, a competent and experienced defense lawyer may be able to expose strategies to aggressively defend the client.

Differences Between Criminal Sale Of A Controlled Substance In The Third Degree And Criminal Possession Of A Controlled Substance In The Third Degree

Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree are two different drug offenses in the state of New York. While both offenses are related to the sale or possession of controlled substances, there are significant differences between the two.

Criminal Sale of a Controlled Substance in the Third Degree, as defined in New York Penal Law § 220.39, involves the unlawful sale of a controlled substance in the third degree. This means that the defendant must have transferred the controlled substance to another person in exchange for something of value, such as money or goods. The controlled substance in question must be classified as a Schedule I, II, III, IV, or V drug, and the defendant must have known that they were selling an illegal substance. This offense is a Class B felony, which carries a penalty of up to 25 years in prison.

Criminal Possession of a Controlled Substance in the Third Degree, as defined in New York Penal Law § 220.16, involves the possession of a controlled substance in the third degree. This means that the defendant must have knowingly possessed a controlled substance, and that substance must be classified as a Schedule I, II, III, IV, or V drug. The possession must be for a purpose other than personal use, such as distribution or sale. This offense is also a Class B felony, which carries a penalty of up to 25 years in prison.

The main difference between these two offenses is that Criminal Sale in the Third Degree requires the sale of a controlled substance, while Criminal Possession in the Third Degree requires possession of a controlled substance with the intent to sell or distribute it. Additionally, Criminal Sale in the Third Degree requires the element of an exchange of something of value, while Criminal Possession in the Third Degree only requires possession with the intent to sell or distribute.

If you are facing charges related to the sale or possession of controlled substances in the state of New York, it is crucial to seek the guidance of an experienced criminal defense attorney. They can help you understand the specific charges against you and work to build a strong defense on your behalf.

Legal Representation For Criminal Sale Of A Controlled Substance In The Third Degree

If you are facing charges for Criminal Sale of a Controlled Substance in the Third Degree in the state of New York, it is essential to seek the guidance of an experienced criminal defense attorney. A skilled attorney can help you understand the charges against you, explain your legal rights and options, and build a strong defense on your behalf.

The consequences of a conviction for Criminal Sale in the Third Degree can be severe, including a possible prison sentence of up to 25 years and significant fines. In addition to criminal penalties, a conviction can also have long-lasting consequences, such as difficulty finding employment or housing due to a criminal record.

An experienced attorney can help you navigate the legal system and work to build a strong defense tailored to your specific case. They can examine the evidence against you, challenge any illegally obtained evidence, and negotiate with prosecutors to potentially reduce or dismiss the charges against you.

It is essential to choose an attorney who has experience handling drug-related charges and a deep understanding of New York’s drug laws. They should be able to provide you with the guidance and support you need to make informed decisions about your case and to fight for the best possible outcome.

In addition to legal representation, it may be helpful to seek out other resources, such as support groups or substance abuse treatment, if you are struggling with addiction. Your attorney can also help connect you with these resources and help you work towards a positive outcome both in and out of the courtroom.

Leave a Comment

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.