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New York Penal Code 178.25: Criminal Diversion of Prescription Medication and Prescriptions in the First Degree

Abuse of Controlled Prescription Medication and Penal Code 178.25

Abuse of controlled prescription medication has been on the rise in recent years. Law enforcement and the court system have been battling the unauthorized sale of controlled substances, and they take this issue very seriously in New York and all across the country. If you are charged with a violation of Penal Code 178.25, you need to understand what the code says and know what your legal rights entail for a defense. Following is a breakdown of penal code 178.25, an example illustrating an infraction of the law, and possible defenses that a good attorney could use to either reduce the charges or get them dropped altogether.

Penal Code 178.25 Broken Down

New York Penal Code 178.25 states that a person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when they transfer a prescription medication or device to someone for money when they know the recipient has no medical need for it. Another aspect of the law is when a person receives a medical prescription or device from someone they know does not have the legal authority to sell it to them. When the monetary amount exceeds $50,000, this constitutes criminal diversion in the first degree. Penal Code 178.25 applies to both a seller and a buyer when they know that legal authorization is not present.

Violation of Penal Code 178.25 is considered a class C felony, which is extremely serious. If convicted, sentencing could include state prison time of up to 15 years, probation of up to 5 years, and a substantial fine.

Example

If Pharmacist A regularly sold prescription medicine to a customer who he knew did not have a valid medical prescription for and the value of the sales exceeded $50,000, then he could be convicted of criminal diversion in the first degree.

Another example would be if Person A obtained his prescription medication legally but then sold it to Person B. Both Person A (the seller) and Person B (the buyer) would be guilty of violating Penal Code 178.25. They both knew the seller didn’t have the authority to sell the prescription medication and the buyer did not have a valid legal prescription to buy the medication.

Defense

Possible defenses against this charge would include the amount involved. The amount of money or other benefit exchanging hands must exceed $50,000 for the charge of first degree criminal diversion to be an appropriate charge. If the amount did not exceed $50,000, the charges could be reduced to second, third, or fourth degree criminal diversion which would mean a much lighter sentence if convicted.

Another defense would be if you are a licensed physician or pharmacist and you dispense the controlled medication in good faith believing that the patient has a valid medical need for it or a valid legal prescription.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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Anthony Williams
2024-03-12
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2024-03-12
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Bee L
Bee L
2024-02-28
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divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Summary

Charges of criminal diversion of prescription medication are extremely serious, and charges under Penal Code 178.25 involve first degree diversion. This could mean prison time in excess of a decade in addition to a substantial fine. If you are charged with a violation of Penal Code 178.25, the most important thing you can do is contact a good New York defense attorney who is experienced in litigation with these types of charges. A good attorney will be able to look at all the factors of the case and launch the best defense possible. The goal here is to get the charges dropped if possible, or at least get them reduced to a less serious charge.

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