Criminally Selling a Child a Controlled Substance: New York Penal Code § 220.48

NY Penal Code § 220.48 allows for the prosecution of a person who knowingly and unlawfully sells a child a controlled substance, which is a more serious offense than selling a controlled substance to an adult. More specifically, if a person more than twenty-one years of age sells drugs to a person who is under seventeen years of age, the adult will be charged with the criminal sale to a child a controlled substance, a crime that is a Class B felony.

Suppose a sixteen year old boy was pulled over by police for driving his car at an excessive speed. Upon pat-searching the teenage boy, the police discovered cocaine in his jacket pocket. On questioning, the teenage boy disclosed that his twenty-two year old cousin sold him the cocaine found by the police. The older cousin was subsequently arrested and charged with criminally selling a child a controlled substance.

Challenge prosecutor’s evidence. For each element of evidence that the prosecutor brings forth, the defense must have a credible rebuttal that can undermine the credibility of the evidence. The objective of this strategy is to throw doubt onto the prosecutor’s case. If the child’s reported age is found to be erroneous or if the amount of the controlled substance is less than the required amount, then the defense may be successful in diffusing the prosecutor’s effectiveness.

Other lines of defense. Upon careful examination of the case details, an astute and sharp defense lawyer could find points of contention that may swing the balance in favor of the client.

Imprisonment. A person convicted of criminally selling a child a controlled substance is subject to sentencing for a Class B felony which carries a sentence of five to twenty-five years of incarceration. However, if the person has a prior felony conviction, the minimum sentence is more severe: ten to twenty-five years of incarceration.

Monetary fine. In addition to imprisonment, the judge may order that the convicted pay a fine of up to $30,000.

To reiterate, a person who is more than twenty-one years of age is guilty of criminally selling a child a controlled substance when they unlawfully and knowingly sell a controlled substance in violation of Section 220.34 or 220.39 of this article to someone who is younger than seventeen years of age.

A charge of criminally selling a child a controlled substance is a serious drug crime that, if found guilty, could result in spending more than twenty years in jail and paying up to tens of thousands of dollars in fines. If you are charged with this offense or any crime related to controlled substances, you should seek legal counsel immediately.

Barry C. Weiss P.C. law firm has expertise in defending persons accused of criminally selling a child a controlled substance. Furthermore, the Elliot Adler PC law firm has competently defended clients charged with felony and misdemeanor controlled substance or drug crimes in New York. The Elliot Adler PC law firm has been unrelenting in representing persons charged with drug crimes, including the sale or possession of marijuana, cocaine, heroin, methamphetamine, PCP, LSD, OxyContin, Vicodin, crack, and other controlled substances and drug crimes.

We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

For additional information, refer to the following sections of the New York Penal Code:

1. Criminal sale in or near school grounds a controlled substance: Section 220.44
2. Endangering a child’s welfare: Section 260.10