Bronx Oxycontin Possession Lawyers

Oxycontin is a potent drug that is prescribed to patients to alleviate pain. However, it can be highly addictive. When the drug is misused, there can be dangerous consequences. Side effects of this powerful narcotic include addiction, overdose and death.

In New York, it’s illegal to possess Oxycontin without a prescription. If you’ve been caught with illegal possession of Oxycontin, you could be facing jail time, fines, probation and a criminal record. The penalties are especially harsh if you’ve been accused of distribution, trafficking, selling, prescription pad theft or prescription fraud.

What is possession of Oxycontin?

If you’re in New York, it’s unlawful to possess any amount of Oxycontin or any brand of oxycondone unless you have a prescription from a medical doctor. Illegal possession of Oxycontin can be classified as a misdemeanor or a felony. Oxycontin possession charges include:

• First degree possession of a controlled substance (Class A-1 felony)
• Second degree possession of a controlled substance (Class A-II felony)
• Third degree possession of a controlled substance (Class B felony)
• Fourth degree possession of a controlled substance (Class C felony)
• Seventh degree possession of a controlled substance (Class A misdemeanor)

The most severe penalty for felony possession charges is a maximum of life in prison. For the misdemeanor possession charge, the penalty is a maximum jail time of one year.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over for a broken taillight in the Bronx, and during the stop the officer found a bottle of Oxycontin in your glove compartment that belonged to your cousin who left it in your car. You were arrested and charged with criminal possession of a controlled substance even though the prescription was not in your name.

Can I really be charged with possession of Oxycontin if the pills weren't mine and I didn't even know they were in my car?

Attorney's Answer

Under New York Penal Law § 220.03 through § 220.21, possessing a controlled substance like Oxycontin without a valid prescription in your name is illegal regardless of who originally obtained the pills. The prosecution can pursue charges based on constructive possession, meaning the drugs were found in an area under your control such as your vehicle. However, a strong defense may argue you lacked knowledge of the drugs' presence, which is a required element the prosecution must prove beyond a reasonable doubt. An experienced Bronx criminal defense attorney can challenge the traffic stop's legality, the search procedures, and the knowledge element to fight for a dismissal or reduction of charges.

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

What is sale of Oxycontin?

When it comes to drug dealing, New York has tough laws. Being charged with selling Oxycontin results in more serious consequences than possession of the controlled substance. Oxycontin sales charges include:

• Third degree criminal sale of a controlled substance (Class B felony)
• Second degree criminal sale of a controlled substance (Class A-II felony or A-I felony)
• Criminal sale of a prescription for a controlled substance (Class C felony)