Bronx Drug Conspiracy Lawyer
Selling any type of controlled substance in The Bronx is illegal. This applies to narcotic drugs, marijuana, and prescription medications without a pharmacist license.
However, it is less well known that you may face charges of criminal sale of controlled substances even if you did not personally sell any drugs. The state’s conspiracy laws allow prosecutors to charge any person who aids another in the commission of a crime, even if they do not commit the crimes personally.
Proving charges based upon conspiracy is notoriously difficult. A Bronx drug conspiracy lawyer could help to defend you against these allegations. A dedicated drug lawyer could work to defend your freedom in court.
Distributing Substances as the Core of a Drug Conspiracy Charge
Distributing drugs in The Bronx is illegal. The core offense, known as criminal sale of a controlled substance in the fifth degree is defined under New York Penal Law §220.31. This statute says that it is a class D felony for any person to knowingly and unlawfully distribute a controlled substance.
Similarly, it is illegal to participate in drug trafficking. According to New York Penal Law §220.77, drug trafficking is the selling of drugs on a mass scale. The sale of over $75,000 worth of drugs in a six-month period qualifies as trafficking. A Bronx drug conspiracy lawyer could help anyone facing these allegations understand the distribution charges at the core of any drug conspiracy case.
Understanding The Concept of Conspiracy
Conspiracy itself is a separate criminal charge. According to New York Penal Law §105.00, a person commits conspiracy when they agree with one or more other people to commit a criminal offense. As the severity of the agreed upon crime rises, so too does the severity of any conspiracy charge. Therefore, anyone facing allegations of drug conspiracy will likely face both criminal drug sale charges and charges of conspiracy.
Any conspiracy to sell drugs is automatically a very serious felony. Under New York Penal Law §220.39, any conviction for conspiracy to sell drugs is a class B felony. This carries a punishment of at least one year in prison up to a maximum of 25.
It can be very difficult for a prosecutor to prove conspiracy. According to New York Penal Law §105.20, a prosecutor must prove that there was an overt act committed by a defendant to secure a conspiracy conviction. A prosecutor may allege:
- That the defendant made calls to arrange a sale while a co-conspirator brought the drugs to the location
- The defendant bagged drugs while a partner sold them
- The defendant collected money while the seller provided the drugs
The law allows a prosecutor to charge all co-conspirators with an offense as long as a conspiracy existed. Therefore, all partners to an alleged offense involving criminal drug sales face identical charges due to participating in a shared enterprise.
A Bronx Drug Conspiracy Attorney Could Help
Innocent bystanders may be caught up in drug investigations. Police executing a search warrant may arrest everyone found on the scene, even if they lack evidence of that specific person’s connection to drug activity. These people may later be surprised to learn that they face drug conspiracy charges in addition to allegations of criminal drug sales.
A Bronx drug conspiracy lawyer could help you if you are facing conspiracy charges related to drug sales. Prosecutors need to prove that you committed an overt act to help that conspiracy along. A Bronx drug conspiracy lawyer could help you fight those allegations. Call today to learn more.