Criminal Diversion Of Prescription Medication And Prescriptions In The Second Degree: NY Penal Law § 178.20

by ECL Writer
Criminal diversion of prescription medication and prescriptions in the fourth degree

Criminal diversion refers to the act of transferring prescription medication or devices in exchange for money or other benefits, knowing that the recipient lacks a legitimate medical need or that the seller lacks legal authorization. New York’s criminal code encompasses four distinct offenses related to criminal diversion, ranging from first to fourth degrees. The specific charge one faces hinges on the monetary value associated with the prescription drugs or devices involved.

According to New York Penal Law § 178.20, criminal diversion of prescription medication and prescriptions in the second degree applies when an act of diversion involves medications or devices exceeding a value of $3,000.

Sentence

Criminal diversion of prescription medications and prescriptions in the second degree constitutes a class D felony in New York. A conviction for this offense may result in a sentence of up to 7 years of imprisonment, a probationary period lasting 5 years, and a substantial fine.

Defenses

If you are a licensed physician or pharmacist who dispensed the prescription in good faith, you possess a viable defense against charges of criminal diversion of prescription medications and prescriptions. This defense holds provided you were genuinely acting within the bounds of your professional responsibilities. Similarly, if you sought medical treatment for a legitimate condition or aided someone in need of medical care, you also have a valid defense.

Moreover, for a conviction of criminal diversion of prescription medications and prescriptions in the third degree, the prosecutor must establish that the medication’s value exceeds $3,000. If evidence indicates a lesser value, you can potentially contest the charge successfully. However, you may still face charges of criminal diversion of prescription medications in the third or fourth degrees.

New York Penal Law § 178.20: Criminal Diversion of Prescription Medications and Prescriptions in the Second Degree

An individual is deemed to have committed criminal diversion of prescription medications and prescriptions in the second degree if they engage in an act of diversion, and the value of the benefit exchanged exceeds three thousand dollars.

Related Offenses

Hiring A New York Lawyer

When facing charges of Criminal Diversion of Prescription Medications and Prescriptions in the Second Degree in New York, hiring a proficient lawyer is paramount. This offense involves unlawfully exchanging prescription drugs, and the consequences can be severe. An experienced New York attorney can provide invaluable counsel, navigating the complexities of pharmaceutical regulations and criminal law. They will meticulously examine the evidence, assess the strength of the prosecution’s case, and craft a robust defense strategy. Whether negotiating a plea deal or representing you in court, their expertise can make a crucial difference in safeguarding your rights and striving for the best possible outcome in this high-stakes legal battle.

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