Mar 21, 2024

Bronx Oxycontin Possession Lawyers

Oxycontin is a drug that is prescribed to patients to help them deal with their pain. It’s a very addictive drug, and it’s one that most people don’t ever fully quit. Once you’re addicted to Oxycontin, it’s hard to quit the habit. In the Bronx, particularly, many people are highly addicted to Oxy. This is a drug that started as a legitimate drug, prescribed for pain, but now it’s become highly controlled, and sold, on the streets. 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 in New York?

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. Oxycontin is classified as a Schedule II controlled substance, meaning it has high potential for abuse while having accepted medical uses.

Criminal Possession Charges Under NY Penal Law

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.

Sale of Oxycontin Charges in New York

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.

Criminal Sale Classifications

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)

The penalties depend on the amount of drugs in a person’s possession and the intent. The maximum sentence is life in prison.

Sentencing Guidelines for Repeat Offenders

During the sentencing phase, the judge must adhere to sentencing guidelines if the defendant has prior felony convictions. In some instances, first time offenders may be deemed eligible for an alternative sentencing program.

Alternative Sentencing Programs in New York

Drug Treatment Alternative to Prison (DTAP)

To be eligible for this program, defendendants must have a problem that’s related to substance abuse. Other eligibility requirements include:

• The defendant will benefit from a drug treatment program
• There have been no prior felony convictions within the past 10 years

The Drug Treatment Alternative to Prison (DTAP) program offers nonviolent repeat felony defendants the option of completing long-term residential drug treatment in lieu of incarceration.

Critical Actions If Facing Oxycontin Possession Charges

Whether you’ve been charged with possession or sale of Oxycontin, you need to take decisive action. The first thing you should do is contact a Bronx Oxycontin lawyer for help.

The consequences of getting convicted these crimes are too serious for you to disregard your charges. Here’s what a Bronx Oxycontin lawyer can do for you.

1. Devise a Proper Defense for Your Case

When it comes to Oxycontin possession charges, prosecutors want to win a conviction at all costs. They’ll work diligently for a conviction and maximum jail time. You need a Bronx Oxycontin lawyer who’ll work just as hard to defend you in court.

2. Provide Legal Guidance Based on Years of Experience

Facing any type of charges can be frightening. That’s the reason it’s important to rely on the counsel of an experienced Bronx Oxycontin lawyer.

3. Work to Get the Best Results Possible

Although our lawyers can’t guarantee any outcome for your case, we will work hard for you.

If you need a Bronx Oxycontin lawyer, we’d like to speak with you. Contact the Spodek Law Group for prompt assistance.

Don’t deal with Bronx Oxycontin Possession Lawyers alone. Speak to the Spodek Law Group today.

Understanding Oxycontin Possession Laws in the Bronx

OxyContin is a drug that provides a feeling of euphoria for the person who is using the drug. It’s sometimes referred to as redneck heroin because it can be purchased as a prescription. It’s a powerful pain reliever that quells pain for long periods of time and that seems to take away other negative feelings that the person has through the day.

Legal Classification of Oxycontin

It’s a drug that is easy to get at any time and that can easily be sold to numerous people. If you’re caught with OxyContin for personal use or to sell the drug, then you will be charged with possession in most states. The consequences for possession of OxyContin range from probation to several years in prison and large fines.

The drug is listed as a controlled substance in the United States. Even though it’s a medically approved drug, it’s a highly addictive drug that is regulated as a Schedule II in regards to possession and distribution.

Distinguishing Possession from Distribution

There are differences that the law will look at when deciding whether someone is charged with possession or if someone will be charged with selling OxyContin. Any time that you have OxyContin on your person without a valid prescription, it’s illegal and can result in charges against you.

Selling the drug can result in felony charges, which means that you will spend more time in prison and have to pay more in fines. However, the prosecuting attorney must be able to show evidence that you intended to sell the drug before the charges can be justified for selling and distribution. In some states, selling or distribution can result in the same consequences of someone who is found guilty of making OxyContin.

Evidence Required for Drug Trafficking Charges

For someone to be charged with selling the drug, there needs to be proof. Most possession charges are classified as the intent to sell until further evidence is obtained. There are times when officers will conduct stings or raids to find people who are selling the drug. They will offer money to someone who they believe is selling, and if that person takes the bait, then they are arrested.

Defense Strategies for Intent to Sell

Most attorneys will use the defense that you didn’t intend to sell the drug but only had it in your possession. There is circumstantial evidence that the prosecution can look at when deciding whether to charge you with selling.

These factors include:

• The amount of the drug in your possession
• Whether any kind of packaging or other items were in your possession
• If there is an abnormal amount of money

Enhanced Penalties Near School Zones

If you are caught with OxyContin and intend to sell it near a school, then it’s usually considered a felony. You could receive a jail sentence that is twice as long as a standard charge and twice the amount of fines that you have to pay.

Any kind of elementary or high school is off limits to anyone who intends to sell drugs. You can also be charged if you intend to sell near:

• A public housing unit
• A playground
• A youth center

A distance of 1,000 feet is usually set as for how far you need to stay from these locations before you are charged.

Building Your Defense with Legal Representation

An attorney will examine your charges and help to determine the best defense. Sometimes, the attorney can show that you didn’t intend to sell but had the drug in possession for personal use.

Bronx Oxycontin Possession Lawyers