In New York, the police often charge possession of a controlled substance with intent to sell when a large amount of drugs are found. However, many of these cases are over charged. Possession with intent to sell is a felony in the State of New York.
New York criminal defense lawyers who handle narcotics cases must be aware of the difference between possession of a controlled substance and possession of a controlled substance with intent to sell.
To establish possession with intent to sell the State of New York must demonstrate sufficient legal evidence of an intent to sell.
Merely possessing narcotics, is not possession with intent to sell. There must be some sales type conduct and without it there is simply insufficient evidence of intent to sell. Examples of sales like conduct include the presence of scales or drugs that are packaged in vials, with roughly the same quantity in each vial throughout the drug-dealing industry.
