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Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

January 30, 2019 New York Lawyers

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.

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Private: Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

January 30, 2019

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.

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