A person is guilty of aggravated criminally negligent homicide when, with criminal negligence, he or she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably [...]
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 [...]
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 [...]
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 [...]
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 – [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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