New York takes drug offenses incredibly seriously, making all attempts to combat the rise of drug crimes whenever possible. One such way they do this is by further criminalizing the sale of controlled substances by increasing the penalty if the controlled substances are sold on school grounds. The minimum sentence for this charge is two years in prison and increases in length dependent on other involved factors. If you or someone you know are facing this charge, call our experienced team of New York criminal attorneys now to discuss what options are available to you in handling these charges.
First, what qualifies as “school grounds”? School grounds, for the purpose of this law are defined as in or near any actual school grounds, educational facilities, school buses or child daycare facilities. Daycare facilities encompass any building, athletic playing field, playground, structure, or land contained within the real property boundary line of a public or private child day care center. This broadens the definition of school grounds to be more than just where a school itself is located. Because private and public day cares are also included, it might not be obvious where there might be a location that would mean a sale of controlled substances would warrant the higher charge.
The way that the wording of the statute has been written allows for a person to be charged with this offense even if no children are present in or around the school at the time of the sale. The requirements of the statute only state that the sale be on or near the defined school grounds and it is not a useable defense that the seller was unaware that their location was included in the definition. Based on the language in the statute, a person could be charged with this offense without ever knowing they were near a private daycare after hours and no children were being cared for. For these reasons and more, the sooner you reach out to our office to help you handle these charges, the better.
This charge is a class B felony with a sentence that can be up to nine years in prison if the person is a first-time offender, but the length of sentence can be extended if they are a repeat offender. Up to two years of supervision after release can be included, as can extensive fines. Most importantly, a felony conviction can permanently affect a U.S. citizen and their ability to exercise their rights as such. Felony convictions can limit employment and educational opportunities as well as their right to own a firearm and even possibly your right to vote.
If you are facing these charges, call our experienced team of New York criminal attorneys now to begin discussing how our team can help you with these charges. We have successfully negotiated multiple deals for our clients charged with drug offenses. In negotiating these deals, our priorities are our client and what will be the best possible solution for them and have been extremely successful in avoiding any time served in sentencing.
Our team knows how to work for you and make sure that the best possible outcome is achieved in your case, so call us now to have us start working for you.