Konta & Georges P.C.
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Free Consultations · Available 24/7 · 212-710-5166

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Criminal Sale And Possession In The First, Second, And Third Degree

Aggressively Defending Against Controlled Substance Charges

Controlled substance charges are matters that require a serious defense. Prosecutors will not hesitate to pursue harsh penalties that can have expensive, life-changing consequences. If you are facing a drug charge in any of the five boroughs of New York City, you need to speak with a proven criminal defense attorney as soon as possible.

Contact our attorneys at Konta, Georges & Buza, P.C., to receive the aggressive defense you need to fight drug charges. Our lawyers are top-notch litigators who use their experience as prosecutors and criminal defense attorneys to get results.

Criminal Sale And Criminal Possession Of A Controlled Substance In The First Degree

Both criminal sale and criminal possession of a controlled substance in the first degree are class A-I felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-I drug felony is eight years in prison. The maximum period is 20 years.

If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 12 years and the maximum is 24 years.

If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 15 years and the maximum is 30 years. Accusations of criminal sale or possession of a controlled substance in the first degree are among the most serious in the New York Penal Code.

Criminal sale of a controlled substance in the first degree – P.L. 220.43.

For the government to sustain a conviction for this offense, it must prove the person sold at least 2 ounces or more of either cocaine or heroin (subsection one) or 2,880 milligrams of methadone (subsection two).

Criminal possession of a controlled substance in the first degree – P.L. 220.21.

For the government to sustain a conviction for this offense, it must prove the person possessed at least 8 ounces of either cocaine or heroin (for subsection one) or at least 5,760 milligrams of methadone (for subsection two).

Criminal Sale And Criminal Possession Of A Controlled Substance In The Second Degree

Both criminal sale and criminal possession of a controlled substance in the second degree are class A-II felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-II drug felony is three years in prison. The maximum period is 10 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is six years and the maximum is 14 years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is eight years and the maximum is 17 years.

Criminal sale of a controlled substance in the second degree – P.L. 220.41.

For the government to sustain a conviction for this offense, it must prove the person either sold at least 1/2 ounce of cocaine or heroin (subsection one), 1/2 ounce of methamphetamine (subsection two), 5 grams of a stimulant (subsection three), 5 milligrams of lysergic acid diethylamide (LSD) (count four), 125 milligrams of a hallucinogen (count five), 5 grams of a hallucinogenic substance (count six), or 360 milligrams of methadone (count seven).

Criminal possession of a controlled substance in the second degree – P.L. 220.18.

For the government to sustain a conviction for any subsection of this offense, it must prove the person either possessed at least 4 ounces of cocaine or heroin (subsection one), 2 ounces of methamphetamine (subsection two), 10 grams of a stimulant (subsection three), 25 milligrams of LSD (subsection four), 625 milligrams of a hallucinogen (subsection five), 25 grams of a hallucinogenic substance (subsection six) or 80 milligrams of methadone.

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

Both criminal sale and criminal possession of a controlled substance in the third degree are class B felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class B drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is nine years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is two years and the maximum is 12 years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is six years and the maximum is 15 years.

Criminal sale of a controlled substance in the third degree – P.L. 220.39.

For the government to sustain a conviction for this offense, it must prove the person sold any quantity of cocaine or heroin (subsection one), sold any amount of a stimulant, hallucinogen, hallucinogenic substance, or LSD and the person had been previously convicted of any drug-related offense in New York (subsection two), sold at least 5 grams of a stimulant (subsection three), sold at least 1 milligram of LSD (subsection four); sold at least 25 milligrams of a hallucinogen (subsection five), sold at least 1 gram of a hallucinogen substance (subsection six), sold at least 1/8 ounce of methamphetamine (subsection seven), sold at least 250 milligrams of phencyclidine (PCP) (subsection eight), or sold a “narcotic preparation” to someone under the age of 21 (subsection nine).

Criminal possession of a controlled substance in the third degree – P.L. 220.16.

For the government to sustain a conviction for this offense, it must prove the person possessed either cocaine or heroin with the intent to sell it (subsection one); possessed either a stimulant, hallucinogen, hallucinogenic substance, or LSD after having been convicted of a drug-related offense in New York in the past (subsection two), possessed at least 1 gram of a stimulant with the intent to sell it (subsection three), possessed 1 milligram of LSD with the intent to sell it (subsection four), possessed 25 milligrams of a hallucinogen with the intent to sell it (subsection five), possessed 1 gram of a hallucinogenic substance with the intent to sell it (subsection six), possessed at least 1/8 ounce of methamphetamine with the intent to sell it (subsection seven), possessed at least 5 grams of a stimulant with the intent to sell it (subsection eight), possessed at least 5 milligrams of LSD (subsection nine), possessed at least 25 milligrams of a hallucinogen (subsection ten), possessed at least 5 grams of a hallucinogenic substance (subsection 11), possessed at least 1/2 ounce of cocaine or heroin (subsection 12), or possessed 250 milligrams of PCP.

Criminal sale and possession of a controlled substance in the first, second or third degree are very serious charges that could lead to significant time behind bars.

Arrange Your Free Consultation Today

We offer free consultations to all potential clients, so you do not have to worry about paying legal fees to talk to us about your case. If you or a loved one is accused of any sale or possession charges, email or call us today at 212-710-5166.