FAQs - Personal Injury Criminal Defense Lawyers Attorneys

Q: What are the penalties for criminal sale of a controlled substance in the fifth degree (CSCS 5th) under penal law section 220.31?

Criminal Sale of a Controlled Substance in the 5 th degree is a class D felony. You can be charged with this anytime you knowingly and unlawfully sell a controlled substance. Weights and type of drug is irrelevant here. If the drug fits the definition of a controlled substance, you may be charged with this offense. You face up to 2½ years in a state correctional facility with an additional 1 year of post-release supervision. Your prison term could involve CASAT or SHOCK . You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $5,000 or ordered to pay restitution and other fees.

Q: What are the penalties for criminal sale of a controlled substance in the fourth degree (CSCS 4th) under penal law section 220.34?

Criminal Sale of a Controlled Substance in the 4 th degree can be charged when a person knowingly and unlawfully sells any of the following: Any amount of a Narcotic Preparation (Includes Opium-extracts and some other drugs) 10 ounces or more of a dangerous Depressant or 2 pounds or more of a Depressant Any amount of Concentrated Cannabis 50 milligrams or more of Phencyclidine, or any amount of Phencyclidine when you have a prior drug sale conviction (PCP, Angel Dust) Any amount of Methadone 4000 milligrams or more of Ketamine (Frequent “date rape” drug) 28 grams or more of a substance containing Gamma Hydroxybutyric Acid (similar to MDMA/Ecstasy) CSCS 4 th degree is a class C felony. Therefore, you face up to 5 ½ years in a state correctional facility with an additional 1 to 2 years of post-release supervision. Your prison time could involve CASAT or S HOCK . You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $15,000 or be ordered to pay restitution and other fees.

Q: What are the penalties for criminal sale of a controlled substance in the third degree (CSCS 3rd) pursuant to penal law section 220.39?

Criminal Sale of a Controlled Substance in the 3 rd degree has many different subdivisions, but likely will be charged in one of the following circumstances: A substance containing a Narcotic Drug (Heroin, Cocaine; any amount) A substance containing a stimulant (Adderall/Ritalin), hallucinogen (Mushrooms, Peyote), hallucinogenic substance, or Lysergic Acid Diethylamide (LSD/ACID) of any amount when you have a prior conviction for any drug sale 1 gram or more of a Stimulant (Adderall, Ritalin) 1 milligram or more of Lysergic Acid Diethylamide (LSD, Acid) 25 milligrams or more of a Hallucinogen (Mushrooms, Peyote) 1 gram or more of a Hallucinogenic Substance 1/8 ounce or more of a substance containing Methamphetamine 250 milligrams or more of Phencyclidine (PCP, Angel Dust) CSCS 3 rd degree is a class B felony. Therefore, you face up to 9 years in a state correctional facility with an additional 1 to 2 years of post-release supervision. Your prison time could involve CASAT or SHOCK . You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $30,000 or be ordered to pay restitution and other fees.

Q: What are the penalties for criminal sale of a controlled substance in the second degree (CSCS 2nd) under penal law section 220.41?

CSCS 2 nd criminalizes the sale of drugs as follows: ½ ounce or more of a substance containing a narcotic drug; ½ ouch or more of a substance containing methamphetamine; 5 grams or more of a Stimulant; 5 milligrams or more of Lysergic Acid Diethylamide; 125 milligrams of a Hallucinogen; 5 grams or more of a Hallucinogenic Substance; 360 milligrams or more of a substance containing methadone. CSCS 2 nd degree is a class A-II felony. Therefore, you face lifetime probation or mandatory prison with a maximum of 10 years in a state correctional facility with an additional 5 years of post-release supervision. Your prison time could involve CASAT or SHOCK . You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $50,000 or be ordered to pay restitution and other fees.

What is the punishment if I am convicted of aggravated criminally negligent homicide in violation of penal law § 125.11?

admin2020-07-31T15:49:15+00:00

Aggravated criminally negligent homicide is a class C felony and is punishable by up to 20 years in prison. Although a class C felony is typically punishable by up to 15 years in jail, if convicted of this offense, the maximum prison sentence is increased [...]

What is the punishment if I am convicted of aggravated criminally negligent homicide in violation of penal law § 125.11?admin2020-07-31T15:49:15+00:00

What are New York State Drug Sale Crimes?

admin2020-07-30T13:22:23+00:00

Drug sale crimes can carry penalties that are significantly harsher than drug possession crimes. Additionally, the type of drug you are alleged to have sold, can also have significant consequences. For example, if you sell ounces or even pounds of marijuana, you face a penalty [...]

What are New York State Drug Sale Crimes?admin2020-07-30T13:22:23+00:00

How serious is my New York drug charge?

admin2020-07-30T13:19:42+00:00

Drug crimes are broken down into two main categories: possession and sale. Generally speaking, selling a drug is considered more serious than possession. Possession and sale crimes are broken into two more categories: type of drug and quantity. Depending on the type of drug, as [...]

How serious is my New York drug charge?admin2020-07-30T13:19:42+00:00

How do the police determine the weight of my drug charge?

admin2020-07-30T13:19:06+00:00

For some drugs, the government only has to prove the weight of the substance no matter how much actual “drug” it includes. In other words, if “crack” is made up of cocaine, baking soda, and water, its irrelevant how much of each is included – [...]

How do the police determine the weight of my drug charge?admin2020-07-30T13:19:06+00:00

Can I be charged with selling drugs if I share drugs with friends?

admin2020-07-30T13:18:37+00:00

Yes. In New York, “Sell” means to sell, exchange, give, or dispose of to another. In other words, “giving” a controlled substance to a friend, for no money, is a drug sale in New York. Sharing drugs with friends at a party is a drug [...]

Can I be charged with selling drugs if I share drugs with friends?admin2020-07-30T13:18:37+00:00

Can I go to prison if I am charged with selling drugs in New York?

admin2020-07-30T13:18:00+00:00

Yes. Drug sale charges are broken down into five (5) different categories known as “degrees”. Below is a list of the various drug sale crimes, their elements, and maximum punishments. If you have been charged with any of the offenses listed below, it is important [...]

Can I go to prison if I am charged with selling drugs in New York?admin2020-07-30T13:18:00+00:00

What are the penalties for criminal sale of a controlled substance in the fifth degree (CSCS 5th) under penal law section 220.31?

admin2020-07-30T13:17:30+00:00

Criminal Sale of a Controlled Substance in the 5th degree is a class D felony. You can be charged with this anytime you knowingly and unlawfully sell a controlled substance. Weights and type of drug is irrelevant here. If the drug fits the definition of [...]

What are the penalties for criminal sale of a controlled substance in the fifth degree (CSCS 5th) under penal law section 220.31?admin2020-07-30T13:17:30+00:00

What are the penalties for criminal sale of a controlled substance in the fourth degree (CSCS 4th) under penal law section 220.34?

admin2020-07-30T13:16:48+00:00

Criminal Sale of a Controlled Substance in the 4th degree can be charged when a person knowingly and unlawfully sells any of the following: Any amount of a Narcotic Preparation (Includes Opium-extracts and some other drugs) 10 ounces or more of a dangerous Depressant or [...]

What are the penalties for criminal sale of a controlled substance in the fourth degree (CSCS 4th) under penal law section 220.34?admin2020-07-30T13:16:48+00:00

What are the penalties for criminal sale of a controlled substance in the third degree (CSCS 3rd) pursuant to penal law section 220.39?

admin2020-07-30T13:16:04+00:00

Criminal Sale of a Controlled Substance in the 3rd degree has many different subdivisions, but likely will be charged in one of the following circumstances: A substance containing a Narcotic Drug (Heroin, Cocaine; any amount) A substance containing a stimulant (Adderall/Ritalin), hallucinogen (Mushrooms, Peyote), hallucinogenic [...]

What are the penalties for criminal sale of a controlled substance in the third degree (CSCS 3rd) pursuant to penal law section 220.39?admin2020-07-30T13:16:04+00:00

What are the penalties for criminal sale of a controlled substance in the second degree (CSCS 2nd) under penal law section 220.41?

admin2020-07-30T13:15:18+00:00

CSCS 2nd criminalizes the sale of drugs as follows: ½ ounce or more of a substance containing a narcotic drug; ½ ouch or more of a substance containing methamphetamine; 5 grams or more of a Stimulant; 5 milligrams or more of Lysergic Acid Diethylamide; 125 [...]

What are the penalties for criminal sale of a controlled substance in the second degree (CSCS 2nd) under penal law section 220.41?admin2020-07-30T13:15:18+00:00