NY Penal Law § 220.45: Criminally possessing a hypodermic instrument

Last Updated on: 5th August 2023, 03:47 pm

Criminally Possessing a Hypodermic Instrument: Understanding the Law and Possible Defenses

Criminal charges can be overwhelming, especially when you are facing charges for criminally possessing a hypodermic instrument. This is why Spodek Law Group and Attorney Todd Spodek are here to help you understand New York Penal Code § 220.45 and provide legal representation that will ensure the best possible outcome for your case.

What is Criminally Possessing a Hypodermic Instrument?

Under New York Penal Code § 220.45, it is illegal to knowingly and unlawfully possess or sell a hypodermic needle or syringe that can be used to inject illegal drugs into the bloodstream. Even if there is no presence of an illegal substance, possessing such a needle could result in valid criminal charges.

For instance, imagine leaving a bar only to have someone follow you out and hand you what appears to be money in exchange for handing them over a hypodermic needle before re-entering the bar. A police officer who observed this transaction may approach you with reasonable suspicion of drug activity leading to patting down which reveals heroin alongside the hypodermic needle; this could lead not just to criminal possession of controlled substances but also criminally possessing a hypodermic instrument charge.

Offenses Related To Criminally Possessing A Hypodermic Instrument

There are other offenses related to criminally possessing a hypodermic instrument under New York law:

Being charged with any of these offenses can have serious legal consequences, which is why it’s essential to have an experienced and professional attorney like Attorney Todd Spodek who can handle your legal situation with utmost care and expertise.

Possible Defenses Against Criminally Possessing a Hypodermic Instrument

If you possess a hypodermic instrument with a valid prescription from a licensed medical practitioner or for other lawful reasons, you may have plausible defense against criminally possessing such an instrument charge under New York Public Health Law § 3381 that provides for lawful possession of hypodermic needles or syringes for purposes other than injecting illicit drugs.

The Sentence

If convicted of criminally possessing a hypodermic instrument, you could face up to one year in jail and three years probation term depending on details surrounding the crime, criminal history, and personal background; however, first-time offenders are likely to receive less severe sentences.

At Spodek Law Group, we understand how emotionally draining facing criminal charges can be on our clients; hence we provide compassionate support throughout every stage of the legal process while working tirelessly to ensure that your rights are protected and that you receive the best possible outcome for your case.

Defending Against Charges Of Criminally Possessing A Hypodermic Instrument

One effective way to defend against criminally possessing a hypodermic instrument charge is to challenge the prosecution’s evidence. This can involve demonstrating that you did not knowingly or unlawfully possess the hypodermic needle or syringe in question.

Attorney Todd Spodek has the experience and knowledge needed to develop a strong defense strategy tailored to your unique circumstances. In addition, it may be possible to negotiate a plea bargain or seek alternative sentencing options such as diversion programs for first-time offenders that could allow them to avoid jail time and instead receive counseling or community service.

Why Choose Spodek Law Group?

At Spodek Law Group, we have a deep understanding of New York Penal Law and legal systems; hence we use our experience and expertise to ensure that you receive the best possible outcome for your case. We are committed to providing professional, ethical representation while defending your rights and protecting your interests throughout every stage of the legal process.

We understand how daunting facing criminal charges can be on our clients; thus, we provide compassionate support alongside guidance through every step of the way. We keep you informed about progress made in your case while answering any questions you may have so that you’re fully prepared for each stage of the legal process.

Conclusion

If facing charges for criminally possessing a hypodermic instrument, it’s crucial to have an experienced attorney like Attorney Todd Spodek on your side who understands New York Penal Code ¬ß 220.45 inside out while providing professional representation with utmost care and expertise.

Contact us today at Spodek Law Group if looking for an attorney who will work tirelessly towards ensuring that justice prevails in your favor by using their vast knowledge base regarding criminal law cases!