Criminal Diversion Of Prescription Medication And Prescriptions In The Third Degree: NY Penal Law § 178.15

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

Criminal diversion entails the transfer of prescription medication or devices for financial gain, knowing the recipient lacks a legitimate medical need, or acquiring such items, aware the seller lacks legal authorization. New York’s criminal code includes four related offenses covering diversion, spanning from first to fourth degrees. Under New York Penal Law § 178.15, criminal diversion of prescription medication and prescriptions in the third degree may lead to prosecution if the act involves medications or devices valued at over $1,000. This charge also applies if you commit criminal diversion of prescription medication and prescriptions in the fourth degree after a prior conviction.

Sentence

Criminal diversion of prescription medications and prescriptions in the fourth degree constitutes a class E felony in New York. If found guilty, you could face a sentence of up to 4 years in prison, along with a potential probation period of 5 years, and monetary fines.

Defenses

If you hold a valid physician or pharmacist license and dispensed the prescription in good faith within the confines of your professional duties, you possess a defense against charges of criminal diversion of prescription medications and prescriptions. However, this defense hinges on your acting in good faith within your lawful professional role. Additionally, if you are seeking treatment for a medical condition or assisting someone in need of medical care, you have a legitimate defense.

Furthermore, for a conviction of criminal diversion of prescription medications and prescriptions in the third degree, the prosecutor must establish that the medications’ value exceeds $1,000. If evidence suggests a lesser value, you may have a solid basis to challenge the charge effectively.

New York Penal Law § 178.15: Criminal Diversion of Prescription Medications and Prescriptions in the Third Degree

A person can be found guilty of criminal diversion of prescription medications and prescriptions in the third degree under two circumstances:

  • If they engage in a criminal diversion act, and the value of the benefit exchanged exceeds one thousand dollars.
  • If they commit the crime of criminal diversion of prescription medications and prescriptions in the fourth degree and have a prior conviction for the same offense.

Related Offenses

Hiring A New York Lawyer

When facing charges of Criminal Diversion of Prescription Medications and Prescriptions in the Third Degree in New York, hiring an experienced lawyer is paramount. These allegations can result in severe consequences, including fines and imprisonment. A skilled New York attorney will possess in-depth knowledge of state laws, legal strategies, and courtroom experience.

Your chosen lawyer should have a proven track record in defending clients against similar charges. They will assess the evidence, build a strong defense, and explore potential mitigating factors. Moreover, a New York attorney can navigate the complexities of the legal system, ensuring your rights are protected throughout the process. Don’t take chances with your future—hire a reputable lawyer to advocate for your case.

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