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Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist
The pharmaceutical and healthcare industry is extremely important as they ensure that people get the medication that they need to thrive. For people that need medication that is controlled by law, getting a prescription is a necessity. The majority of the time, people are responsible with these medications and take them as prescribed. And typically, a practitioner or pharmacist will only give a prescription when it is necessary. However, there are situations in which someone may do the wrong thing and try to sell these prescriptions for a profit or to someone that does not need them. If someone does try to sell prescriptions, they could be charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
Example of the Crime
In general, being charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist means that you have knowingly sold a prescription to another person that either did not need the medication or simply to make a profit. A practitioner could also be charged with the crime if they directly sold any drugs that they have on hand in their office.
The most common example of this occurs when a patient tries to pressure a doctor into writing a prescription. If the doctor says no to the request and then accepts the bribe from the patient, they could be found guilty of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
Related Crimes
In most situations, being charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist will not come with any other charges. However, you could also be charged with bank or wire fraud if you did not accept a cash payment. Depending on the severity of the situation, you could also be found guilty of assault, illegal drug dealing, and even involuntary manslaughter if someone is ultimately killed as a result of the crime.
Potential Penalties
If you are charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist, you could be facing some significant penalties. This crime is considered a Class C felony, which means you could be punished with up to 15 years of prison. However, most of the time people are given penalties that are far less severe. If the situation was isolated, you likely will receive probation, a monetary penalty, but could still lose your license.
If you have been charged with fraud, assault, or any other type of crime, you could face additional penalties as well. The overall scope and severity of the crime could result in spending ten or more years in jail.
Common Defenses
The most common way to defend the charges of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist is to deny you did anything nefarious. Most doctors will be able to claim that they gave the prescription to a patient out of need. If they have only been paid in cash, it can also be hard to prove that compensation took place. This can make it much harder for a prosecutor to win a case.
If you are charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist, it is important that you hire an attorney immediately. The charges related to criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist are very serious and could come with big penalties. When you meet with at defense attorney that is experienced with this crime, the attorney will know the right way to build a defense and fight the charges. The attorney will first be able to provide you with necessary consultation services and then help you to build a quality defense.
Don’t deal with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist alone. Speak to the Spodek Law Group today.
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist
It is impossible to dispute the alarming rise in prescription drug, and general drug abuse (i.e. use of glass bongs) abuse across the United States in recent years. New York has not been immune to this scourge, and legislators have chosen to take action. State statute prohibits the criminal sale of a controlled substance prescription, and conviction of this offense brings the potential for stringent sanctions including lengthy terms of incarceration.
The National Institute on Drug Abuse has confirmed that the problem of prescription drug abuse has skyrocketed and impacts individuals from all segments of society. Among the drugs most frequently abused despite being the subject of a prescription are: fentanyl, oxycodone, hydrocodone, meperidine, diazepam, amphetamines and alprazolam.
It should be noted that all of the above medications are capable of yielding important benefits to individuals who take them according to instructions given with a valid prescription, when they are abused, the have the ability to produce dire effects that are not unlike those of street drugs. The risk of harm is great, and that is why New York has initiated attempts to curb this very dangerous trend.
New York Penal Law 220.65
A key statutory provision in New York designed to battle back against the increase in prescription drug abuse is Penal Law 220.65. It renders it illegal for any physician, dentist, veterinarian, scientist, podiatrist or other person duly licensed to permit the use of a controlled substance to sell prescriptions that are unrelated to good faith execution of his or her professional duties.
Because the crime of settling a prescription is taken so very seriously in New York, the offense itself is categorized as a Class C felony. Conviction can bring up to 15 years in prison, including a minimum term of between 3 1/2 to 7 years if the defendant has a record of previous felony convictions. This is in addition to possible monetary penalties reaching up to $15,000, lengthy terms of probation, job loss, revocation of employment-related licenses and a range of other detrimental consequences.
Potential Defense Strategies in Prescription Drug Sale Cases
Though defendants often feel as though they are unlikely to prevail when it comes time to answer to a charge of criminally selling a prescription for controlled substances. It must be remembered, however, that in many cases there are viable defense tactics that can be raised with the help of an experienced attorney. It may be possible to successfully argue that the prescription underlying such an allegation was in fact written for a legitimate medical reason and in furtherance of professional duties. A defendant may also assert that the prescription at issue was written without any knowledge of intent on the part of a recipient to sell it.
Importance of an Aggressive Legal Defense
There can be no doubt that a conviction on a prescription drug-related charge in New York will have ripple effects that can last a lifetime. From long-term incarceration to onerous fines, the impact of being found guilty is something every accused individual must fight to avoid. Aligning with an experienced criminal defense practitioner as soon as possible is the best way to do just that.