Some of the drugs that fall under the category of prescription stimulants include amphetamines, dextroamphetamine, methamphetamine, lisdexamfetamine, methylphenidate and phenmetrazine. Both selling and possessing these drugs without the legal right to do so can land you in serious trouble. You can be arrested and charged with a drug crime and expect to be held in jail by the court.
There are also a number of criminal charges you can face depending on the severity of the crime. However, if you have been found to be unlawfully possessing and/or selling any of the compounds, materials, mixtures or preparations of any of the above stimulant drugs, it is considered a serious crime.
If a person possesses or is found to be using any of these prescription stimulants for their own personal usage, they are charged with a lesser crime that is classified as a misdemeanor. On the flip side, selling even one prescription stimulant pill to another person can result in the seller being charged with a class B felony. In addition, depending on the amount or weight of the stimulant drug uncovered, even possession can be raised to a felony charge.
New York Penal Law Article 220: Unlawful Possession and Sale of Prescription Stimulants
In the state of New York, if you are arrested for possessing and taking a prescription stimulant without having a legal prescription from a doctor, you can be charged with seventh degree criminal possession of a controlled substance as per Penal Law 220.03. The police would issue you a Desk Ticket Appearance and carries penalties such as one year in jail. While this is a misdemeanor charge, it stays on your criminal record and can adversely affect your professional life and immigration status.
New York Penal Law Article 220: Felonies for Criminal Possession of Prescription Stimulants
Obviously, a felony charge is more serious than a misdemeanor when pertaining to criminal possession of prescription stimulants and any other crime. In New York, per Penal Law 220.16(3), third degree criminal possession of a controlled substance is a charge you can receive if you are convicted of unlawfully possession one or more grams of a stimulant that you intend to sell. This crime can result in nine years of prison time. It can also be charged as a class B felony if there is no intent to sell or if you knowingly and unlawfully possessed five or more grams of the substance.
Fourth degree criminal possession of a controlled substance, per New York’s Penal Law 220.09 is charged as a class C felony and results in one year in prison up to a maximum of five years. If you knowingly possess one gram or more of a prescription stimulant while not intending to sell, you can be charged as well. The class D felony, fifth degree criminal possession of a controlled substance, results in a maximum prison sentence of two and a half years.
New York Penal Law Article 220: Felonies for Criminal Sale of Stimulants
Criminal sale of stimulant drugs carries the same sentencing and penalties as unlawful possession of prescription stimulants. This means that depending on the factors of the crime, a person can be charged with a class D, class C or class B felony. However, the specific Penal Law for the crime is found under 22.31(1), which is known as fifth degree criminal sale of a controlled substance. If the crime was committed in a place where minor children frequently are, the crime is elevated to a class C felony. It also carries a prison term of five years instead of two and a half.
Additionally, if the substance equals more than one gram, the prosecution can further elevate the charge to third degree criminal sale of a controlled substance, which carries an even more severe prison sentence. If convicted, you can expect to potentially serve nine years in a state penitentiary.
Possible Defenses for Criminal Sale of Stimulants
There are various potential defenses the criminal defense attorney can use in a case. If it is discovered that you were not read your Miranda rights or the police did not obtain a search warrant to search and uncover the drugs, this is one possible defense that can be used.
Regardless of the situation, it is imperative to retain a skilled criminal defense attorney in your case. It is your best chance of having a strong defense and for potentially getting the charges reduced.