Use of a Child to Commit a Controlled Substance Offense in New York

Under New York’s penal laws, controlled substance offenses are some of the most serious offenses. These types of drug crimes are considered severe hazards to the public health. Therefore, most drug crimes are felonies, punishable by years in state prison.

Some drug offenses are misdemeanors; however, a misdemeanor conviction can still result in high fines and up to a year in jail. Clearly, any drug charge is a serious matter and those convicted face life-altering legal penalties. In some cases, those facing a controlled substance offense may face related charges based on the circumstances of their case.

One such related charge is the use of a child to commit a controlled substance offense in New York. This charge may apply to those who allegedly use a child to sell controlled substances. If you are facing this charge, call a New York controlled substance offense lawyer now.

New York Penal Code Section 220.28 prohibits using a child to illegally sell controlled substances. Under the law, someone is considered to have used a child to commit a controlled substance offense if the accused is at least 18 years old, and concealed a controlled substance on or about the body of a child to effectuate the sale, or directed, forced, or required a child to sell or help the adult sell a controlled substance.

For example, if an adult hides a controlled substance in a child’s (anyone under the age of 17) pocket, and sends the child to a buyer, the adult could face this charge. Even attempting to use a child to commit a controlled substance offense in New York is a criminal charge. This offense is a Class E felony and is punishable by up to four years in prison and a $5,000 fine.

Moreover, those facing this charge often face related charges such as child endangerment. Conviction on such related charges would lead to additional penalties.

New York does not expunge criminal records, meaning that those with convicted of drug crimes cannot erase their records at any point in the future. In some situations, those convicted can seal their records, but their convictions remain part of their record.

• New York State Drug Crimes and Laws 
• Sentencing Guidelines: Drug Crimes 

Many drug offenses are enhanced when the accused has prior related convictions. This means when someone with a criminal record is again convicted they could face harsher penalties than someone facing a first-time offense could.

For example, someone previously convicted of use of a child to commit a controlled substance offense in New York will face stiffer penalties if convicted of a drug crime in the future. Whether those facing drug charges have a record or not, they should call a New York drug defense lawyer for help.

A New York controlled substances attorney can fight to reduce the defendant's charges, or possibly get them dismissed altogether. Someone can be charged with selling controlled substances to a child. The best step anyone facing a drug charge can take is to call an experienced New York criminal defense lawyer for help.

If you are facing charges for a use of a child to commit a controlled substance offense in New York, or any related charge, contact a New York criminal defense lawyer today. Your lawyer will defend you in court and will work hard to defend you.

Call the New York Controlled Substance Defense Lawyers and Former Manhattan Prosecutors at (212) 312-7129 or contact us online today.