PL 220.31 · Article 220
Criminal Sale of a Controlled Substance in the Fifth Degree
This felony applies to selling a controlled substance of any weight with intent to sell, or selling listed amounts such as 500 milligrams or more of cocaine.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You sold a controlled substance, or possessed it with intent to sell.
- The substance and weight met the requirements of this degree.
Defenses that commonly apply
- The transaction was not a sale — no money or exchange occurred.
- The weight or analysis is unreliable.
- The transaction was the product of police inducement.
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.
Every case turns on its own facts. The information on this page is general, not legal advice.
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