Illegal Sale of Drugs

What is Criminal Sale of a Controlled Substance in the Fifth Degree?

Criminal sale of a controlled substance in the fifth degree is the lowest level of New York State’s statutes regulating the illegal sale of drugs. Although it refers to the sale of small amounts of substances, it is still a felony and can have serious consequences for anyone convicted of it. For complete information on all levels of possession and sale offenses, see New York Drug Crimes.

When the charge of Criminal Sale of a Controlled Substance in the Fifth Degree Applies

New York State has extensive laws defining controlled substances and regulating their sale. Controlled substances include illegal drugs (such as cocaine, LSD, and ecstasy), as well as prescription drugs when they are sold outside the control of a licensed medical professional.
Because criminal sale of a controlled substance in the fifth degree does not specify a quantity for the drugs sold, virtually any sale of a controlled substance can fall into this category, no matter how minimal the amount. This charge can include a range of activities, such as selling ecstasy at a music festival, selling a small amount of cocaine to someone, or reselling pills that were legally prescribed by a doctor. Selling less than a gram of ecstasy or less than a milligram of LSD can get you charged with fifth-degree criminal sale of a controlled substance on Long Island.

NY PENAL § 220.31: Criminal Sale of a Controlled Substance in the Fifth Degree

New York penal code states:
A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance.
Criminal sale of a controlled substance in the fifth degree is a class D felony.

What Can Happen to Me if I Am Convicted of Criminal Sale of a Controlled Substance in the Fifth Degree?

Even though you can be charged with fifth-degree criminal sale of a controlled substance for selling very small quantities of drugs, the consequences for you can be quite severe. This charge is a class D felony, meaning that if you are convicted, you could face up to seven years in jail. Even if you avoid jail time, a conviction could lead to a loss of employment or, if you have immigrated to the United States, deportation. If you are charged with criminal sale of a controlled substance in the fifth degree in Queens, Nassau, or Suffolk counties, it is important that you consult an experienced criminal defense lawyer immediately.

What Should I Do Next?

If you are charged with criminal sale of a controlled substance in the fifth degree in Nassau, Queens or Suffolk counties, you should immediately consult an experienced Long Island criminal defense attorney. Your lawyer can explain the best strategy to defend you against the charge and to minimize the adverse impacts on your life. Don’t make any statements to the police or prosecutors! You have the right to a lawyer, and your lawyer will know how best to represent you in the Long Island courts.

 

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