The Make-up of New York's A-I Drug Felonies

The New York Penal Law[1] contains three categorizations of offenses: felonies, misdemeanors and violations. Felonies are the most serious and are subdivided into five classifications:  A, B, C, D & E felonies. For the purposes of sentencing, A felonies are subdivided in to A-I and A-II felonies. A-I felonies are the most severe offenses, carrying a minimum term of imprisonment of 15 – 25 years and a maximum of a life sentence.[2]

Of the nearly thirty controlled substance offenses and drug crimes, only three are classified as A-I felonies: (a)  NY PL § 220.21 – Criminal Possession of a Controlled Substance in the First Degree, (b) NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree, and (c) NY PL § 220.77 - Operating as a Major Trafficker. The New York Legislature has classified these three offenses amongst the most serious criminal offenses which can carry a sentence of up to life imprisonment. It is worthwhile to take a moment to understand the elements and components of these three most egregious drug crimes.

The first two A-I Drug Felonies are relatively straightforward, as they are the First Degree forms of Criminal Sale of a Controlled Substance and Criminal Sale of Controlled Substance.  The interesting difference is that the minimum threshold weight of a Controlled substance for selling is only 2 ounces, which is a quarter of the 8 ounce minimum threshold weight needed for the A-I possession charge.

A person is guilty of NY PL § 220.21 - Criminal Possession of a Controlled Substance in the First Degree in either of two ways, by knowingly and unlawfully possessing either: 

1. One or more preparations,  compounds,  mixtures  or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of 8 ounces or more; or 
2. Methadone that weighs five thousand seven hundred sixty milligrams or more.
   

A person is guilty of NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree when he knowingly and unlawfully sells either :

1. One  or  more  preparations,  compounds,  mixtures  or  substances containing  a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of 2 ounces or more; or 
2. Methadone and the methadone weighs  two thousand  eight  hundred eighty milligrams or more.

The final A-I drug felony is NY PL § 220.77 - Operating as a Major Trafficker. This statute is aimed toward those offenders who are involved in drug trafficking rings and organized crime. A person is guilty of Operating as a Major Drug Trafficker when he falls into one of three descriptions:

1. Such  person  acts  as  a  director  of  a  controlled  substance organization during any period of twelve months or  less,  during  which period   such  controlled  substance  organization  sells one or more controlled substances, and the proceeds collected or due from such  sale or sales have a total aggregate value of $75,000 or more; or
2. As a profiteer, such person knowingly and unlawfully sells, on  one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of $75,000 or more; or 
3. As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of $75,000 or more.

If you or anyone you know has been arrested for an A-I Drug Felony, you should immediately contact a Criminal Defense Attorney to discuss the case. The repercussions of a conviction are serious and can include a sentence of life imprisonment. Call today for a free consultation with one of our criminal defense lawyers to learn how we can help.

[1] NY PL § 55.05
[2] NY PL §70.00