Being accused of drug possession with the intention of distribution is a grave matter with significant consequences. New York maintains a stringent stance on drug-related offenses, and a conviction for possession with intent to distribute can lead to severe penalties that can profoundly and negatively impact your life. If you find yourself facing such charges, securing the representation of our seasoned Suffolk County Drug Crime Lawyers is essential for protecting your rights and future. 

How is Possession With Intent to Distribute Defined in NY?

In New York, the offense of possession with intent to sell, legally termed criminal possession of a controlled substance in the third degree, occurs when someone knowingly and unlawfully possesses specific controlled substances to sell them. This is outlined in New York State Law 220.16. An individual can be found guilty of this offense for possessing a narcotic drug with the intent of selling it or a stimulant, hallucinogen, or LSD with the intent to sell, especially if they have a prior conviction for a drug offense under Article 220 or related attempts or conspiracies.

The specific type and quantity of drugs possessed are crucial in determining guilt. For instance, possession of one or more grams of a stimulant, one milligram of LSD, or 25 or more milligrams of a hallucinogen can lead to a conviction. While simple possession of illegal drugs is a serious criminal offense, it’s important to understand that the element of “intent to distribute” enhances the charges and typically results in more severe penalties. This signifies possession of drugs to sell or supply them to others. Several indicators can suggest an intent to distribute:

  • Quantity: A large volume of drugs often suggests purposes beyond personal use.
  • Packaging: Drugs prepared in a manner indicative of sale.
  • Drug Paraphernalia: The presence of items like scales, baggies, or a significant amount of cash can imply drug distribution activities.
  • Communication: Any form of communication, like text messages, phone conversations, emails, or observed actions suggesting a drug transaction, can serve as evidence of drug distribution.

What Are the Penalties?

A conviction for this drug-related offense in New York, typically classified as a Class B felony for first-time offenders, carries significant legal repercussions. Upon conviction, you may face the following penalties:

  • Imprisonment: A prison sentence ranging from a minimum of one year to a maximum of none years may be imposed.
  • Fines: You may be subjected to fines reaching up to $30,000.
  • Probation: In addition to or in lieu of jail time, you may be placed on probation.

At Castro & Trodden, LLC, we understand the seriousness of these accusations and are committed to protecting your interests at every turn of the legal process. Don’t face these challenging circumstances alone. Connect with our firm today to discuss your case and learn how we can help.