Facing Drug Kingpin Charges in New York?

Drug Kingpin Charges in New York - Penal Law 220.77 and 220.78

In New York, the drug kingpin law is designed to target individuals involved in large-scale drug trafficking operations, typically those who are at the top of a drug distribution network. The law is governed by New York Penal Law § 220.77 and § 220.78, which define the crime of being a drug kingpin and outline the penalties associated with such offenses.

This is a specific charge to the state of New York and often centers upon those who are alleged to be involved in the possession and sale of higher amounts of heroin, fentanyl, and other related controlled substances.

Elements

Under Penal Law § 220.77, a drug kingpin is defined as someone who:

• Controls or manages a drug trafficking organization.
• Engages in the illegal manufacturing, selling, or distribution of narcotics or controlled substances, typically on a large scale.
• The defendant's operation is usually characterized by large quantities of drugs and extensive networks of distribution and sales.

The New York Penal Law § 220.78 section specifically criminalizes the operating of a drug trafficking network and can carry similar penalties depending on the scale and the level of the defendant’s involvement in the operation.

Key Elements of the Kingpin Statutes:

• Large-scale trafficking: The law is aimed at individuals who control significant drug distribution operations, as opposed to street-level dealers.
• Management or organization: Simply being involved in the sale of drugs is not enough; the person must be actively organizing, managing, or controlling the distribution network.

Sentencing & Penalties in New York

Drug kingpin charges carry some of the harshest penalties in New York criminal law, with sentences ranging from decades in prison to life imprisonment, depending on the scale of the operation. 

Penal Law § 220.77 specifically criminalizes the involvement in a drug trafficking organization at a managerial or organizational level.

• A conviction for drug kingpin under New York Penal Law § 220.77 is typically classified as a Class A-1 felony: The most serious felony in New York state law.
• The law also considers aggravating factors, such as the amount of drugs involved (e.g., large quantities of heroin, cocaine, or methamphetamine), the degree of organization, and the involvement of other criminal activities like money laundering or violence.
• A drug kingpin charge can be upgraded if the defendant is found to be involved with trafficking in substances that cause significant harm to the public.

A first-degree criminal sale of a controlled substance charge can also be applied if someone is found to have trafficked substantial amounts of drugs or controlled substances, and they have a large-scale operation involving multiple people or networks.

If convicted, the defendant can face a sentence of 25 years to life in prison. The sentence can be life in prison without parole in some cases.

How We Fight Drug Kingpin Charges in New York

Defending against a drug kingpin charge in New York under Penal Law § 220.77 (which targets large-scale drug trafficking operations) requires challenging the prosecution’s evidence and raising legal defenses. Here are some potential defenses that could be raised against a charge under New York's drug kingpin statute:

1. Insufficient Evidence of Management or Control

• The prosecution must prove that the defendant managed, organized, or controlled a large-scale drug trafficking operation. A defense can argue that the defendant was not involved in the management or organization of the drug operation, but was merely a low-level participant or even a victim of the larger operation.
• Example: If the defendant is a street-level dealer who does not have knowledge or control over the broader network, they may argue they are not a "kingpin" under the law.

2. Lack of Knowledge of the Drug Activities

• To convict someone of being a drug kingpin, the prosecution must show that the defendant knew about the criminal nature of the activities. A defense could assert that the defendant was unaware of the nature or scale of the trafficking operation and therefore cannot be charged as a kingpin.
• Example: If the defendant was only indirectly involved, such as by transporting packages without knowing they contained drugs, they could argue that they did not have the required knowledge to be charged as a kingpin.

3. Challenge to the Amount of Drugs Involved

• The scale of the operation is crucial in a drug kingpin charge. If the prosecution cannot demonstrate that the amount of drugs involved meets the threshold for a large-scale operation, the defense may argue that the defendant's conduct does not meet the definition of a "drug kingpin."
• Example: If the defendant is accused of trafficking drugs but the quantity involved is relatively small and does not meet the legal definition of a "large-scale" operation, the defense can argue that the charge should be reduced or dismissed.

Your Defense Begins Now

If you are being investigated for controlled substances or having already been arrested or indicted pursuant to the New York Drug Kingpin/Major Trafficker Statute, it is imperative that you contact a seasoned criminal defense attorney immediately. Proactive steps can be taken to mitigate these charges through both a counter-investigation and creative motion practice. Contact the Law Offices of Jason Goldman today.