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The use of a child to commit a drug crime, penalties and defense

On Behalf of | Mar 27, 2015 | Drug Charges |

Drug charges are often considered a serious situation, and as last week’s post for this blog pointed out, drug crimes could involve children. When residents in New York are accused of drug possession, the penalties they could be looking at are often harsh. The circumstances surrounding the crime and charges often determine the potential consequences they could face.

If a child is involved in the execution of a drug crime, those involved in the process could face multiple serious drug charges such as a felony drug possession. According to section 220.28 of the New York Penal Code, the use of a child in the commission of a controlled substance offense could result in a felony charge.

If a defendant executes a felony sale or attempted felony sale of a controlled substance, is 18 years old or older and is accused of using a child in the commission of a controlled substance offense, they could also be charged with the use of a child to commit a controlled substance offense. This could result in increased penalties if the defendant is convicted of this crime.

In these matters, it is important that defendants are aware of their criminal defense rights and options. Whether they make a plea to reduce the charges or penalties or are able to have the charges dropped entirely, defendants will need to implement a strong defense strategy. An in-depth investigation of the alleged crime and the actions carried out by law enforcement could help a defendant make a claim to dismiss evidence against them.

A drug possession charge is a serious allegation to face, and those accused of such a crime should take the steps to fully understand their situation and legal options. This could result in reduced or dismissed charges, leading to reduced consequences against the defendant.