Heroin is an addictive substance that is classified as a Schedule I controlled substance in both New York state law and federal law. Due to its highly addictive nature, law enforcement agencies and prosecutors take aggressive action against individuals found in possession of heroin.
New York Penal Code and Controlled Substance Offenses
The New York Penal Code categorizes controlled substance offenses into different classifications, including possession, distribution, and possession of drug paraphernalia. When an individual is charged with a drug-related crime, the severity of the charges depends on the amount of heroin involved.
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(212) 300-5196Heroin Possession Charges
According to the New York Penal Code, possession of heroin is considered a criminal offense known as criminal possession of a controlled substance. There are four charges related to heroin possession, with the severity of the charges determined by the quantity of heroin found in the accused’s possession.
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Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
Fourth Degree Possession
If an individual is found with at least an eighth of an ounce of heroin, they will be charged with fourth-degree criminal possession of a controlled substance. This offense is classified as a Class C felony, and the consequences can include up to 15 years in prison, as stated in New York Penal Code 220.09.
