A common felony in New York is Criminal Possession of a Controlled Substance in the Third Degree, or Possession with the Intent to Sell (New York Penal Law Section 220.16). Interestingly, possessing a controlled substance with the intent to sell it is a Class B felony, which means that it is just as a serious as selling a small quantity of a controlled substance. There is no minimum weight or amount of drugs required under this crime. Indeed, one can be found guilty of this crime even when he possesses a miniscule amount of drugs, so long as the prosecution can prove that the person intended to sell those drugs. Possession with intent to distribute drugs, sometimes called possession with intent to sell or possession for sale, involves two basic elements. The first is the drug possession itself. The second is evidence of intent to sell or distribute the illegal substance. A defendant need not actually have sold anything in order to be charged with possession with intent to sell. The mere fact of intending or planning to sell/distribute the drug – even for free – may be sufficient to support the charge, as long as the prosecutor can show convincingly that you had the mental intention to do so.
Every drug charge is considered serious, but those involving possession with intent to sell and deliver are taken very seriously, and individuals convicted harshly punished. In fact, those facing charges of possession with intent or drug distribution involving controlled substances frequently face significant jail time. Without an experienced and capable New York drug possession attorney to represent you, your future and freedom are at stake. At Law Offices of Neil Weissman, we take drug crimes and how the penalties affect our clients’ lives very seriously. Our vigorous, dedicated approach and extensive knowledge of the drug laws and tactics used by prosecutors make us very effective advocates for our clients. If you find yourself charged with possession with intent to sell or are looking to appeal a conviction for such a charge, you should speak to an experienced criminal attorney about defending drug charges of PL 220.16, or appealing a conviction for a drug or narcotics offense.