Criminal Sale and Possession of a Controlled Sustance in the First, Second, and Third Degree

  • 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-1 felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-1 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 two 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 eight 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-2 felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-2 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 ounces of cocaine or heroin (subsection one), 1/2 ounces of methamphetamine (subsection two), five grams of a stimulant (subsection three), five milligrams of Lysergic Acid Diethylamide (LSD) (count four), 125 milligrams of a hallucinogen (count five), five 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 four ounces of cocaine or heroin (subsection one), two 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 drug related offense in New York (subsection two), sold at least five grams of a stimulant (subsection three), sold at least one milligram of LSD (subsection four); sold at least 25 milligrams of a hallucinogen (subsection five), sold at least one gram of a hallucinogen substance (subsection six), sold at least 1/8 ounces 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 one gram of a stimulant with the intent to sell it (subsection three), possessed one 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 one gram of a hallucinogenic substance with the intent to it (subsection six), possessed at least 1/8 ounces of methamphetamine with the intent to sell it (subsection seven), possessed at least five 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 ounces 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. Contact John Buza, an experienced New York Criminal Defense Attorney for a free consultation if you, or a loved one, is accused of any sale or possession charges.