Allegations involving the illegal distribution of drugs in Astoria are among the most serious charges that a person can face. People may not know why they are being charged with distribution if the drugs were found in their house or may have questions about how the police obtained a search warrant.
Mike Schillinger, an Astoria drug distribution lawyer, could help individuals understand New York State’s drug laws as they apply to their cases and help formulate a defense to protect their rights. A drug distribution conviction is a felony that can result in significant prison time. People who are facing these charges must understand the law and it helps to have a trustworthy drug attorney on their side to help them.
Which Sections of the Penal Code Prohibit Drug Distribution?
The sale or distribution of a controlled substance is illegal under New York State law. This applies to street drugs such as marijuana, cocaine, and heroin, and can even apply to prescription drugs.
The core statute prohibiting this behavior is New York Penal Code § 220.31 which makes criminal sale of a controlled substance in the fifth degree a Class D felony. However, this is only the baseline charge available under the law, and aggravating circumstances can apply.
For instance, if a person is caught selling a narcotic drug, such as cocaine or heroin, New York Penal Code § 220.39 allows the court to charge them with a Class B felony for Criminal Sale of a Controlled Substance in the third degree. This allegation exposes the accused to far more serious potential penalties, including longer periods of incarceration.
Criminal sale of a controlled substance in the first degree under New York Penal Code § 220.43 applies when a person is accused of selling narcotics in excess of two ounces. Because this is not necessarily a large amount of drugs, people are often surprised that courts classify these allegations as Class A-1 felonies, and one of the most serious offenses in New York State, with a mandatory minimum period of incarceration of eight (8) years even for a first-time offender. Mike Schillinger can further explain to a defendant in Queens how drug distribution is viewed under the law.
What if the Prosecution Has No Evidence of a Person Selling the Drugs?
Many people believe that if the police do not catch them selling the drugs on the street or to an informant, they cannot charge them with distribution. However, the law contains statutes that allow prosecutors to charge a person with possession of illegal drugs with the intent to distribute them. Using these laws, prosecutors can charge defendants with serious felonies, even if they never take the drugs out of their homes.
New York Penal Code § 220.06 is one of these statutes. It states that it is illegal for any person to possess drugs with the intent to sell them. A conviction under PL § 220.06 is a Class D felony.
Rarely will a defendant be on the record as saying they have this drug and intend to sell it on the street. Instead, prosecutors rely on circumstantial evidence to prove an intent to sell drugs. Often, this can include evidence such as:
- Large quantities of cash
- Packaging materials
- Multiple small bags of drugs
- Customer lists
- Phone records
- GPS records tracking the defendant’s movements
This evidence can only be gathered if the police properly search the defendant and/or his home. Many cases turn on whether a drug distribution attorney in Astoria can successfully challenge the search through evidentiary motions and hearings.
Learn How an Astoria Drug Distribution Attorney Fights for You
Allegations of drug distribution are serious matters. Even if someone is not accused of selling drugs, police and prosecutors might say they intended to distribute them, which is just as serious.
No matter the exact nature of the drug distribution charges a person is facing, proper legal representation is crucial.
Mike Schillinger is an Astoria Queens drug distribution lawyer who can help you dispute these charges by arguing that the search warrant or car stop was illegal or that the drug analysis performed in the case was invalid. He can also work to impeach the credibility of state witnesses and ensure that clients’ rights are protected. Contact criminal defense attorney Mike Schillinger today to see how he could help you.
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