- Sale of a Controlled Substance
Sale of a Controlled Substance in Nassau County
If you are charged with sale of a controlled substance in the District Court of Nassau County on Long Island, New York, then contact an experienced criminal defense attorney at the Law Office of Stephanie Selloni. The penalties are harsh for any drug crime and especially for allegations of a criminal sale of drugs. These charges range from a class D felony to a class A-1 felony. No matter how the offense is charged, it comes with serious penalties and punishments.
The Nassau County District Attorney's Office has a specialized unit with prosecutors who focus exclusively on prosecuting street narcotic crimes. You also need a criminal defense attorney on your side who is focused on defending these types of serious cases in Long Island, NY. Many of these cases involved undercover narcotics officers, confidential informants, search warrants, electronic surveillance or complicated sting operations.
Call us today at 516-972-1212 to discuss the case and possible defenses to the charge. We represent clients throughout Nassau County for drug crimes including clients in Garden City, Mineola, Hempstead, Floral Park, as well as all of Suffolk County and the five boroughs of New York City.
Information Center for Sale of Controlled Substance Charges
- Types of Charges for the Sell of Controlled Substances
- Definitions Related to the Sale of a Controlled Substance
- Sale of a Controlled Substances In or Near School Grounds Under Section 220.44
- Criminal Sale of a Prescription for a Controlled Substance
- Attorney for Cases Involving the Sale of Drugs
Under the laws of the State of New York, the crime of criminal sale of a controlled substance can be charged in one of eight different ways:
- 220.31 Criminal sale of a controlled substance in the fifth degree is a class D felony.
- 220.34 Criminal sale of a controlled substance in the fourth degree is a class C felony.
- 220.39 Criminal sale of a controlled substance in the third degree is a class B felony.
- 220.41 Criminal sale of a controlled substance in the second degree is a class A-II felony.
- 220.43 Criminal sale of a controlled substance in the first degree is an A-I felony.
- 220.44 Criminal sale of a controlled substance in or near school grounds is a B felony.
- 220.48 Criminal sale of a controlled substance to a child is a class B felony.
- 220.65 Criminal sale of a prescription for a controlled substance is a class C felony.
Under New York’s statutory scheme for the criminal sale of a controlled substance, the term “sale” means to sell, exchange, give or dispose of to another, or to offer or agree to do the same. According to the standard jury instructions it also includes "an offer or agreement to sell even if actual delivery does not occur, provided that, at the time of the offer or agreement, the person has the intent and ability to make the sale. An intent is a conscious objective or purpose. Thus a person acts with intent to sell when that person’s conscious objective or purpose is to sell."
The term “controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.
The charges are more serious if it is alleged that the sale took place at or near school grounds or on a school bus. Many of these charges are made against juveniles. In these cases, an additional element must be proven at trial, which is that the sale took place on school grounds or on a school bus. Under Section 220.44, the term “school grounds" means:
- in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or
- any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
The term “school bus” means every motor vehicle "owned by a public or governmental agency or private school and operated for the transportation of pupils, teachers, and other persons acting in a supervisory capacity, to or from school or school activities or privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers, and other persons acting in a supervisory capacity to and from school or school activities."
It is also a crime to sell a prescription for a controlled substance under Section 220.65, which is a class C felony. The term “prescription for a controlled substance" means a direction or authorization, by means of an official New York state prescription form, a written prescription form or an oral prescription, which will permit a person to lawfully obtain a controlled substance from any person authorized to dispense controlled substances.
The New York Bureau of Narcotic Enforcement (BNE) usually investigates the illegal use and trafficking in prescriptions for controlled substances, drugs, and narcotics. It also monitors nearly 95,000 prescribing practitioners across the State of New York through the issuance of licenses to manufacturers, distributors, hospitals, nursing homes, and researchers. Criminal investigations often center around allegations of theft of prescription forms, forgery of prescription forms, and fraudulent visits to the doctors' office or the office of another practitioner.
If you are charged with any criminal offense alleging the sale of drugs, narcotics or controlled substances, then contact an experienced criminal defense attorney at the Law Office of Stephanie Selloni. Individuals charged with the sale of a controlled substance are not always eligible to enter Nassau County's Chemical Dependency Court (often called "drug court").
Attorney Stephanie Selloni represents clients in Long Island, New York and the surrounding areas of Garden City, NY. Contact Law Office of Stephanie Selloni today at 516-972-1212 to discuss the particular facts of your drug crime charges. Related charges include possession of a controlled substance and prescription drug forgery and fraud. From misdemeanor charges of possession of drug paraphernalia to more serious charges of drug trafficking, Stephanie Selloni has the experience to effectively represent you on the charges.