Kushner | Law Group PLLC
Kushner | Law Group PLLC
Kushner | Law Group PLLC

Vigorous Advocates Fighting For Your Rights

Is possession of drugs with intent to sell a felony offense?

On Behalf of | Jul 10, 2023 | Criminal Defense |

If you’re convicted of possession of drugs with the intent to sell in New York, you’re likely going to be facing some harsh penalties. This includes time spent in prison as well as significant fines. 

Courts in New York take this offense seriously because of the fact that it helps to facilitate the movement and sale of drugs which results in the illegal behavior of others. 

Drugs are categorized by their potential for abuse 

The state of New York uses five schedules to categorize drugs. The way the schedules are written is that those with the highest potential for abuse and without a legitimate medical purpose are treated the most seriously. For example, Schedule I drugs are considered to have a high potential for abuse and do not have an accepted medical use in the U.S. These include drugs such as heroin, cocaine and methamphetamine.  

Possession with intent to sell of the above is a Class-B felony 

New York laws state that possession of narcotics (such as those listed above) with the intent to sell is treated as a Class-B felony which has possible penalties of between one and 25 years in prison and significant fines depending on how much money was made from the sale of the drugs. 

A Class-B felony also covers stimulants, hallucinogens and other substances such as those containing methamphetamine if they reach the certain required amounts. When proving a charge of possession with the intent to sell a narcotic, however, there is no minimum amount that you need to be found with. The prosecution simply has to prove your intent.  

When defending a drug charge, it’s vital that you have legal assistance on your side to help to put forward your case and mitigate any penalties you may be facing.