Bronx Drug Distribution Lawyer
If you are facing allegations involving drug distribution in The Bronx, it is essential that you take aggressive steps to protect yourself. A conviction under any of these statutes is a felony offense that could result in serious consequences.
However, drug distribution charges can be difficult for a prosecutor to prove. Police officers rarely witness a drug sale. Instead, they often rely upon third-party witness statements and confidential informants to build a case.
A Bronx drug distribution lawyer could help you no matter the exact circumstances behind the arrest. Whether the charges involve simple possession with an intent to distribute or allegations of selling drugs, a highly qualified drug attorney could protect your rights in court.
Common Offenses in The Bronx
Selling a controlled substance is illegal. In addition, it is illegal to distribute these items even if not done for a profit. According to New York Penal Law §220.31, a violation of this core statute is a class D felony. Selling narcotic drugs is a more serious offense. The severity of drug distribution charges also increases with the quantity of the drugs alleged to have been sold.
However, police do not need to see someone sell drugs to make an arrest personally. A person may face charges if police merely believe they possessed drugs with the intent to distribute them. These allegations can be just as serious as those involving an actual sale.
Under New York Penal Law §220.06, it is illegal to possess any controlled substance with the intent to sell it. Much like the drug distribution laws, the penalties increase with the amount and type of drug. A Bronx drug distribution lawyer could help those facing these accusations understand the charges they are facing.
The Concept of Intent in Drug Distribution Charges
A large part of any criminal case is the concept of criminal intent or mens rea. Not only must a prosecutor prove that a defendant committed the act, but also that they possessed the necessary criminal mindset.
Especially in allegations of possession with intent to distribute, the accused’s mindset is key. Prosecutors often try to prove intent through circumstantial evidence.
Examples of this circumstantial evidence can include:
- Customer lists or schedules
- Computer records
- Phone records
- Measuring scales
- Large amounts of cash
- Packaging materials
A Bronx drug distribution lawyer could help to protect the rights of those facing these accusations by filing evidentiary motions designed to preclude this evidence from trial.
What is the Difference Between Drug Distribution and Trafficking?
Some people use the terms drug trafficking and drug distribution interchangeably. However, it is important to note that there are differences between these charges. The offense of drug distribution is directly related to the sale of a controlled substance. It is possible to face arrest for this charge for relatively small amounts of a specific drug.
Trafficking charges do not require evidence of a sale or transaction. Instead, this offense involves the amount of drugs a person possesses. As such, having possession of a large amount of a controlled substance could be enough to lead to a trafficking conviction.
What Are Commonly Distributed Controlled Substances?
State prosecutors have the power to bring distribution charges related to any controlled substance. This is true of both illegal street narcotics as well as prescription medication. Some of the substances commonly involved in this offense include:
- Marijuana
- Cocaine
- Crack cocaine
- Methamphetamine
- PCP
- Acid
- Opioids and other painkillers
- Heroin
What are Viable Defenses in a Distribution Case?
There are many potential defenses to a charge of drug distribution. It is important to remember that not all defense strategies will be viable in every case. One common defense involves the lack of knowledge that the substance in question was illegal. If a person is unaware that they are in possession of a controlled substance, they cannot be guilty of distributing it. The same is true if a person unknowingly sells a controlled substance. For example, a person attempting to sell an old suitcase is not guilty of distribution if they were unaware of drugs hidden within the suitcase.
One of the less commonly used defenses involves entrapment. Entrapment occurs when law enforcement pressures a person to commit a crime they would not have otherwise. This defense is commonly used in prostitution cases, but it is also relevant in cases where the police pressure an individual to complete a drug deal. A lawyer in the Bronx could build an effective defense strategy based on a specific drug distribution case.
A Bronx Drug Distribution Attorney Has Answers
Allegations of drug distribution in The Bronx are serious. A conviction for possession with intent to distribute any controlled substance is a felony that will create a criminal record. More serious allegations are felonies that carry mandatory minimum sentence requirements. Therefore, it is essential that you take an aggressive step to protect your future.
A Bronx drug distribution lawyer could help evaluate the strength of the prosecutor’s case, examine the legality of all police work, and aim to protect your rights before and during trial. Contact an attorney today to learn more about fighting drug distribution charges.