WHAT ARE THE ELEMENTS OF A MAJOR DRUG TRAFFICKER IN NEW YORK?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in drug trafficking on Friday, December 6, 2019.
New York is known for being especially hard on people who are convicted of drug crimes. One such crime is being charged with operating as a major drug trafficker.
In order for someone to be found guilty of this crime, there must be certain elements proven beyond a reasonable doubt. These are:
The person must act as the head of an organization dealing at least one controlled substance where the total aggregate value of a single sale or multiple sales within 12 months or less are $75,000 or more.
A person who unlawfully and knowingly sells a narcotic once or more than once that has a total aggregate value of $75,000 or more within six months or less.
A person unlawfully and knowingly possesses at least once or more than once a narcotic with the intent to sell it with a total aggregate value of $75,000 or more within six months or less.
The charge of operating as a major trafficker in New York is a class A-1 felony. The possible penalties for a conviction for major drug traffickers include a prison sentence of not less than 15 years and up to life imprisonment. The fines assessed to a defendant found guilty of being a major drug trafficker is $100,000.
Some of the possible defense strategies to drug charges in New York include:
Infancy, which is for someone who is younger than 16 years old
Entrapment
Personal use possession
Lack of knowledge
Lack of intent
If you are facing charges for being a major drug trafficker, you need to learn more about your legal options as soon as possible. An experienced criminal defense attorney can help you determine what defense strategy is right for your case and has the greatest chance for an acquittal or mitigated penalties.
