If a person is found to be in possession of prescription drugs for the purpose of selling them to those with no medical need for them, they can be charged with criminal diversion of prescription medications and prescriptions. For the sake of this statute, prescription medications relate to those medications that require a prescription in order to be lawfully sold, delivered, or distributed by an authorized agent. The prescription must have been written or ordered by a person who is lawfully allowed to do so.
There are four levels to this charge that a person can be charged with and even the lowest is still incredibly serious as a class A misdemeanor while the highest is a class C felony. If you have been charged with the sale of prescription drugs in any degree, call our experienced team of New York criminal attorneys now to discuss your charges and how we can help you to understand them as well as represent you in court to make sure the best possible outcome is achieved.
The lowest degree of criminal sale of prescription drugs is in the fourth degree and it is a class A misdemeanor, meaning if convicted you could spend a year in jail. This charge applies when a person has committed a criminal diversion act of any kind. The term criminal diversion stands to mean an act of a person who has knowingly received a prescription medication or device with the knowledge that the seller is not authorized to sell such product in exchange for anything of value. It also includes acts or transferring or delivering prescription medication or device for anything of value.
If a person has committed a criminal diversion act where the benefit is valued in excess of $1,000 or if they have previously been convicted of criminal diversion previously. This then means that the charge is a class E felony and should not be taken lightly. Felony convictions can strip the person convicted of rights awarded to them as a U.S. citizen as well as include a sentence of up to four year. If the value of the benefit exchanged is over $3,000 the charge becomes a class D felony. This extends the maximum sentence to seven years if a person is convicted.
The highest charge of criminal sale of prescription medication is a class C felony, meaning the conviction could be for 14 years imprisonment if not handled properly. This applies when the benefit of the sold substances is over $50,000. To make sure that your case is handled properly, call our experienced team of New York criminal attorneys now to discuss what options you have available in fighting these charges. Our office has handled many criminal cases related to drugs and are adept at finding the best deal for our clients. We may be able to negotiate a plea deal in which no time is served as long as other conditions are followed, such as participating in a drug treatment program or completing community service hours while on probation.