220.46 Criminal injection of a narcotic drug

A person is guilty of violating New York Penal Code § 220.46 if they unlawfully possess, and know they unlawfully possess, a narcotic drug and intentionally inject any portion of that drug into another person utilizing any hypodermic instrument.

Classification and Penalties

This offense is a Class E non-violent Felony in the state of New York and carries a sentence from probation to four years in prison if convicted. The sentences for all felony drug classifications include some jail time, even for minor charges although each individual case will have its own facts and elements.

Anytime someone is charged with a felony, they should immediately contact a criminal defense attorney who understands the language of the law and the nature of their particular crime. Each case is individual under the law and only a skilled defense attorney can assist against this particular charge.

Factors Influencing Outcome

Factors that can influence the outcome of your case are varied and depend on details such as whether you’ve been convicted of a prior drug offense or have a prior conviction of a felony nature, if you are a habitual offender, and other facts in your criminal history.

Drug Treatment Court Options

Any charge of a drug crime usually means there is a dependency problem for the defendant. The court allows for misdemeanor cases to be referred to a drug treatment court. Those defendants, after meeting the requirements of the drug treatment court, are usually eligible to have their charges dismissed or reduced and may receive a reduction in their sentence.

In 2009, Criminal Procedure Law, Article 216, was passed which allows courts to place felony offenders into treatment programs, however, it is possible this may not be an option depending on the facts of your past or present criminal history record.

A defendant may also decline the court’s referral to the program, but the possible leniencies or other recommendations from the court in regards to reduction in charges or sentencing might not apply to the defendant’s case upon refusal. Agreement to be referred to a treatment program mean the defendant will closely adhere to the court’s requirements such as remaining in the program a certain length of time, participating in residential treatment, random drug testing, outpatient treatment, periodic evaluations by the court and other stipulations.

Defense Strategies

Although there is no defense against consent from the person injected, there are several different strategies that can be used in defending the charges such as an attempt to discredit the plaintiff or witnesses. Was the hypodermic needle obtained during an unlawful search? It might be inadmissible in a court of law.

In order for prosecutors to convict, they must have evidence to prove all elements of the charges against the defendant beyond a reasonable doubt.

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In the instance of a lawful search, police must have probable cause. Your crime will more than likely violate at least a few laws other than your initial charge. For example, you have been arrested for violating Penal Code § 220.46, however, you may have been in possession of drugs and that is a separate charge. In the process of search or arrest, other discoveries may have occurred.

Legal Scenario: What Would You Do?

Scenario

Your friend asked you to help him inject heroin because his hands were shaking too badly to do it himself. You used a syringe to inject the drug into his arm, and now police are charging you with a felony under New York Penal Code § 220.46.

Can I really be charged with a felony just for helping my friend inject a drug he already had?

Attorney's Answer

Yes, under New York Penal Law § 220.46, criminal injection of a narcotic drug is a Class E felony carrying up to four years in prison. The statute requires proof that you knowingly possessed the narcotic and intentionally injected it into another person using a hypodermic instrument — it does not matter that the drugs belonged to your friend, because the moment you handled the syringe containing the narcotic, you were in possession. A strong defense strategy may challenge whether the substance qualifies as a narcotic under the statute, whether you had knowing possession, or whether the injection was truly intentional rather than coerced. An experienced attorney can also explore whether a plea to a lesser charge or a diversion program may be available given the circumstances of your case.

This is general information only. Contact us for advice specific to your situation.

Criminal defense attorneys also use a strategy of defense which results in “dragging out the case” in the court, creating a process which is as slow as possible. This can be used to wear down the prosecution and force their dismissal of the case or to obtain an agreement to a plea deal. A defendant’s charges can be drastically reduced therefore reducing their sentence.

Attorneys challenge warrants and search and seizure procedures every day and this might also be the strategy your defense attorney might use. Reasonable doubt and unlawful search are large elements cases in arrest on New York Penal Code § 220.46.