James M. Wagman, Attorney at Law
Call Today For A Free Initial Consultation

How could a defendant reduce an intent to distribute charge?

Being accused of a serious crime, such as drug charges, could mean facing harsh penalties. The details of the crime often dictate the severity of the charges and whether the accused will be charged with a felony or misdemeanor. While a conviction on a misdemeanor charge often means the defendant will still endure significant penalties, these are often less severe than a felony conviction. Moreover, the defendant would not have a felony conviction record, allowing that person to avoid the damaging effects a conviction could have on personal and professional life. Because of this, seeking reduced charges could be an effective defense option for some defendants facing drug charges.

How could a defendant reduce intent to distribute charge? First, this charge should be understood. According to the New York Law section 220.21, the criminal sale of a controlled substance in the first degree occurs when an individual knowingly or unlawfully sells one or more preparations, compounds, substances or mixtures that contain a narcotic drug. In addition, it is of an aggregate weight of two ounces or more. New York residents could also face this charge if they knowingly or unlawfully sell methadone that weighs two thousand eight hundred eighty milligrams or more.

Because a weight is required for this class A-I felony, a defendant could use that to reduce the charges. Additionally, the law contends that the accused must knowingly and unlawfully sell the substances listed. A defendant could argue intent, providing evidence that challenges knowingly selling a controlled substance.

Whether a defendant seeks to reduce the criminal charges against them or seeks to have them dismissed, it is important to understand any and all defense options available. All defendants are afforded the right to a criminal defense, and it is important to be aware of the rights and options.

Source: Ypdcrim.com, "S 220.43 Criminal sale of a controlled substance in the first degree," accessed Sept. 7, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

Reach Out Today. Contact
James M. Wagman for a
Free Consultation.

Before trying to handle any of your legal matters alone, no matter how seemingly minor, speak with me today to learn how I can help you secure the best possible outcome. To schedule a free consultation, please call 866-901-8742 or 518-291-4803. You can also reach me via email.

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

google map image
James M. Wagman, Attorney at Law

Catskill Office:
11 William Street
Catskill, NY 12414

Toll Free: 866-901-8742
Phone: 518-291-4803
Fax: 518-943-9186
Catskill Law Office Map

Contact Us:

Email Our Firm