NYC Prescription Drug Crime Attorney
Drug offenses aren’t limited to illicit drugs such as cocaine or heroin. You can also face drug charges related to the possession or sale of prescription drugs, and in many cases, these charges can be just as serious as those involving illicit drugs. If you have been charged with a crime related to prescription drugs, an experienced prescription drug crime lawyer in New York can help you navigate your charges and get a fair result.
NYC Criminal Charges Related to Prescription Drug Use
You can face a wide range of offenses related to the possession, sale, or trafficking of prescription drugs, including the following:
Forgery in the Second Degree
Under P.L. 170.10, Forgery in the Second Degree occurs if you make a fake prescription or other writing used for obtaining prescription drugs. Forgery in the Second Degree is a class D felony with a potential prison sentence of up to seven years. Your sentence could be even more serious if you have been convicted of a felony within the last ten years.
Criminal Sale of a Prescription for a Controlled Substance or of a Controlled Substance by a Practitioner or Pharmacist
Under P.L. 220.65, this crime occurs when, as a physician or a pharmacist, you knowingly sell a prescription for a prescription drug for reasons outside the course of your normal practice. This crime is a class C felony. If convicted you could face a sentence of up to five and one-half years in prison. If you have been convicted of a felony within the last decade, your sentence could be even more severe. Additionally, doctors and pharmacists who are accused of P.L. 220.65 could also face the suspension or revocation of their licenses, even if they aren’t convicted of the crime.
Criminal Diversion of Prescription Medications and Prescriptions
Under P.L. 178.00 et seq. These crimes include obtaining a prescription through fraudulent or deceptive means, posing as a physician or pharmacist, possession of a false or forged prescription, possession of a blank prescription form, “prescription shopping,” and the sale or transfer of prescription drugs in exchange for something of value. Charges include Fraud and Deceit Related to Controlled Substances and four separate degrees of Criminal Diversion of Prescription Medications and Prescriptions. These offenses range from class A misdemeanors (punishable by up to one year in jail) to class C felonies.
Possession of a prescription drug without a valid prescription and distributing prescription drugs are criminal offenses. You could be charged with the same crimes that pertain to illegal street drugs. You could face charges for the following:
- Criminal Possession of a Controlled Substance;
- Possession with intent to distribute; or
- Drug trafficking under P.L. 220.77.
You can also be charged for driving under the influence of prescription drugs under VTL 1192(4), even if it was medication that you were legally prescribed. Driving while impaired by any drug is illegal, and all the police have to show is that you were impaired and unable to drive your vehicle safely. A conviction to a DUI charge carries the possibility of jail, fines, and the suspension of your driver’s license.
If you have been charged with a prescription drug crime, you can face very serious consequences. An experienced prescription drug lawyer can assess your case to determine the best course of action.
FAQs About Prescription Drugs in NYC
What are commonly abused prescription drugs?
Narcotic painkillers are the most infamously abused type of prescription drug, even though many other prescription medications can be abused. The most commonly abused prescription drugs include the following:
Many of the people who are charged with crimes related to these prescription drugs are suffering from addiction. If you are suffering from substance abuse issues, an experienced prescription drug crime lawyer can work to convince the court and prosecution that you need substance abuse treatment instead of time in jail.
Are prescription drugs illegal in NY?
Possessing prescription drugs for which you do not have a valid prescription is illegal. People in this situation are typically charged with Criminal Possession of a Controlled Substance in the Seventh Degree under P.L. 220.03, a class A misdemeanor.
However, the sale of prescription drugs will expose you to felony charges. You can also face felony charges if you forged your prescription, have a prior prescription drug conviction, or are involved in a criminal prescription drug transaction worth at least $1,000.
Depending on the offenses you have been charged with, you could face anywhere from a year in jail up to 15 years in prison. A prescription drug crime lawyer can explain the potential penalties and help you reach a fair outcome.
Is it a felony to share prescription drugs?
P.L. 220 defines a sale as “to sell, exchange, give or dispose of to another, or to offer or agree to do the same.” Consequently, you could be charged with Criminal Sale of a Controlled Substance under P.L. 220.31 et seq even if you are simply sharing drugs with someone without receiving any money. There are five degrees of Criminal Sale of a Controlled Substance, each of which is a felony charge. Criminal Sale of a Controlled Substance in the Fifth Degree, the least serious charge, is a class D felony.
Is it illegal to be in possession of someone else’s prescription drugs?
Possession of prescription drugs without a prescription is against the law, and you could be charged with Criminal Possession of a Controlled Substance in the Seventh Degree. While this is a misdemeanor charge, the person who gave you the drugs may face even more serious charges.
Contact Cody Warner if You Are Facing Prescription Drug Charges in New York
Criminal charges related to the use, possession, or sale of prescription drugs are very serious, and a conviction can have very negative consequences. Cody Warner has helped thousands of people avoid harsh penalties after being charged with drug crimes. Whether it’s getting your charges dismissed, negotiating a fair plea agreement, or taking your case to trial, Cody will work with you every step of the way. Call or email Cody today to schedule a free consultation to discuss your options.