PL 220.31 · Article 220
Criminal Sale of a Controlled Substance in the Fifth Degree
This offense concerns the knowing and unlawful sale of a controlled substance. The supplied statute does not specify a minimum quantity or require a prior conviction.
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Text us immediately · (845) 290-2492Definition under New York law
PL 220.31 · Original statutory wording; excerpts must be read together with the full section.
§ 220.31 Criminal sale of a controlled substance in the fifth degree.A person is guilty of criminal sale of a controlled substance in thefifth degree when he knowingly and unlawfully sells a controlledsubstance.Criminal sale of a controlled substance in the fifth degree is a classD felony.Read the full section at the New York State SenateIn everyday language
This offense concerns the knowing and unlawful sale of a controlled substance. The supplied statute does not specify a minimum quantity or require a prior conviction.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused sold a controlled substance, did so knowingly, and that the sale was unlawful.
- These are cumulative requirements; the supplied section does not list separate alternative routes.
Defenses that commonly apply
- What evidence establishes that the person accused made the alleged sale?
- What testing or other evidence establishes that the substance was controlled?
- What evidence establishes knowledge and the unlawful nature of the alleged sale?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Can a dispute about the substance's identity support a defense to fifth-degree sale?
The statute requires a controlled substance, not merely an unidentified material. If the evidence does not reliably establish that identity, the person accused may challenge that element. The prosecutor must still prove every required element beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 220.21 · Class A-I Felony
PL 220.34 · Class C Felony
PL 220.06 · Class D Felony
PL 220.39 · Class B Felony
PL 220.41 · Class A-II Felony
PL 220.43 · Class A-I Felony
PL 220.50 · Class A Misdemeanor
PL 220.03 · Class A Misdemeanor
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