New York Penal Code 220.46: Criminal injection of a narcotic drug
New York takes drug related offenses very seriously. While most people know it is a crime to sell narcotics to others, some are unaware that injecting someone with a narcotic is also a crime. Below is a brief overview of New York penal code 220.46 which is the criminal injection of a narcotic drug. If you are facing this type of charge, do not delay in seeking the advice of a NYC criminal defense attorney.
Definition
New York law defines penal code 220.46 as the use of a hypodermic needle to inject someone else with a narcotic drug. It does not matter if the person gives their consent or not, it is still a crime in the eyes of the law. Many people who commit this crime can face additional charges such as negligent homicide if the person they inject with drugs dies as a result. This offense is considered a Class E felony in New York.
Penalties
Being convicted of a Class E felony in New York may bring the following penalties:
A Maximum Prison Sentence Of Up To 4 Years
Up To 5 Years Probation
Court Ordered Fines
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(212) 300-5196When sentencing someone convicted of the criminal injection of a narcotic drug, the court usually considers the circumstances surrounding the case, the criminal history of the defendant and the defendant’s background. Generally speaking first time offenders do not serve extensive jail time, but there is no guarantee. In addition, it is a crime to merely possess narcotics. In cases where the victim was not harmed by the injection of drugs, a defense attorney may be able to get the charges lowered to simple possession.
Defending Drug Charges
This drug related crime can be difficult to defend, primarily because it makes no difference if the victim gave consent or not. The mere act of injecting a narcotic into another person is enough to be guilty of this charge. However, a defense attorney may raise questions as to the credibility of the victim, especially if there was no one to witness the crime. In cases where the defendant’s criminal history is clean, a good defense lawyer may be able to negotiate a lower charge or alternative forms of punishment instead of jail time and lengthy probationary periods. A criminal defense lawyer may hire investigators and explore the background of the victim in an effort to defend his client.
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A registered nurse at a private clinic in Manhattan administered a powerful opioid injection to a friend outside of any medical setting or authorization, causing the friend to overdose and require emergency hospitalization. The nurse was arrested and charged under New York Penal Law § 220.46 for criminal injection of a narcotic drug.
I was trying to help my friend manage their pain — can I really be charged with a crime for giving them an injection?
Under New York Penal Law § 220.46, it is a class E felony to inject another person with a narcotic drug by means of a hypodermic instrument, regardless of your intent or professional background, when done outside lawful medical practice. A conviction carries up to four years in prison and a permanent felony record that could end your nursing career. The prosecution does not need to prove the other person was harmed — the act of injection itself is the crime. An experienced criminal defense attorney can evaluate whether defenses such as lawful medical authority or lack of knowledge of the substance apply to your specific situation.
This is general information only. Contact us for advice specific to your situation.
If you have been charged with the crime outlined in the New York penal code 220.46 or have reason to believe you will be charged, contact a criminal defense attorney today. It is of the utmost importance to hire an attorney quickly, so there is time to mount an effective defense. Being convicted of this charge can jeopardize your freedom and cause you to have a felony conviction that will stay on your record for the rest of your life.
Contact a criminal defense attorney at once to learn what options you have available to you under New York law. During a consultation, your lawyer will examine your case and let you know the best way to move ahead. Do not take a chance with your future, hire a criminal defense team that can give you the best chance to successfully defend the charges against you in court.
