Percodan Offenses

Percodan Offenses: An In-Depth Look at the Laws, Penalties, and Defenses

Percodan is a prescription opioid painkiller that contains a combination of oxycodone and aspirin. While it has legitimate medical uses, Percodan is also increasingly abused recreationally and implicated in the ongoing opioid epidemic. As a result, both federal and state laws heavily restrict its sale, possession, and use. But what exactly constitutes a Percodan offense? What are the penalties and how can you build an effective legal defense? This article takes an in-depth look.

What is Percodan?

First marketed in the 1950s by Endo Pharmaceuticals, Percodan contains oxycodone hydrochloride, an opioid analgesic, along with aspirin. It comes in tablet form, typically containing between 2.25-4.5 mg of oxycodone per tablet along with 325 mg of aspirin.

Like other opioid pain medications, Percodan works by binding to opioid receptors in the brain and spinal cord. This blocks pain signals while triggering the release of dopamine, producing a euphoric high. However, it also comes with a high risk of dependency and addiction.

In addition to pain relief, side effects of Percodan include drowsiness, nausea, constipation, confusion, and slowed breathing. Overdose can lead to respiratory depression, coma, and death. The aspirin component also carries risks like stomach bleeding and ulcers.

While still available by prescription, Percodan was discontinued in 2018 by Endo due to declining use. However, it remains a controlled substance subject to strict regulations.

Percodan Possession

Simply having Percodan without a valid prescription constitutes illegal possession of a controlled substance. Penalties vary based on the amount and your criminal history but can include substantial fines and years in prison.

Under federal law, possession of any amount of Percodan is a misdemeanor carrying up to 1 year in prison and a $1,000 fine for a first offense. Subsequent offenses increase to 2 years and a $2,500 fine.

Most states mirror federal law, establishing possession of Percodan without a prescription as a misdemeanor. However, some like Texas categorize it as a felony with up to 10 years in prison and a $10,000 fine. Others have tiered penalty structures based on the amount possessed.

Possession of larger quantities—even if medically prescribed—can trigger trafficking charges, as can possession of multiple pills outside their original container. Fines and sentences steeply escalate under trafficking statutes.

Obtaining Percodan Illegally

Various methods of illegally obtaining Percodan also constitute crimes under both federal and state laws. These include:

• Forgery – Altering a prescription to obtain Percodan carries penalties similar to possession. Most states prosecute it as a felony with multiple years in prison.
• Fraud – Using false statements to convince a doctor to prescribe Percodan often falls under prescription fraud laws. It can mean fines up to $250,000 and 5+ years imprisonment.
• Theft – Stealing Percodan from pharmacies, hospitals, or individuals faces prosecution as larceny/theft. Exact penalties vary but include years in prison.
• Buying – Purchasing Percodan without a prescription violates federal and state drug laws. Penalties are generally similar to those for possession.
• Selling – Distributing or selling Percodan illegally is prosecuted as drug trafficking. This often carries 15+ years in prison along with massive fines.

Doctor Shopping

Seeking multiple prescriptions from different doctors—known as doctor shopping—also risks criminal charges. Most states have laws specifically prohibiting doctor shopping to obtain controlled substances.

For a first offense, penalties typically include 1+ years in prison and thousands in fines. Subsequent convictions or larger quantities can mean decades behind bars. Prosecution often happens alongside prescription fraud or forgery charges.

Percodan Distribution and Trafficking

Distributing or selling Percodan is among the most serious Percodan offenses. All jurisdictions categorize it as felony drug trafficking, which brings severe criminal penalties.

Under federal law, trafficking 5-49 grams of Percodan (around 15-150 pills) carries 5-40 years in prison and fines up to $5 million. Trafficking 50+ grams jumps to 10 years to life imprisonment and up to a $10 million fine.

States laws similarly impose stiff prison sentences and massive fines for Percodan trafficking. Charges typically increase with the weight of pills involved. Even small amounts under 5 grams can mean years behind bars.

Defenses Against Percodan Charges

Fighting Percodan possession, trafficking, and other charges requires skilled legal representation. Viable defenses depend on the specifics of your case but may include:

• Invalid search – Evidence from an illegal vehicle search or home search without a warrant may be excluded. This can defeat possession charges.
• No possession – You can argue the Percodan belonged to someone else if others had access. This works best if you can identify another possible owner.
• Medical necessity – For possession without a prescription, you may claim a legitimate medical need for the Percodan. However, you’ll need strong evidence from a doctor.
• Coerced confession – If police intimidated or threatened you into confessing, your lawyer can seek to have the confession barred.
• Entrapment – Undercover officers pressuring you into purchasing or selling Percodan constitutes entrapment. This is a complete defense if proven.
• Misidentification – Mistaken identity is possible, especially for trafficking and distribution charges. Your lawyer can work to show police arrested the wrong person.
• Procedural errors – Your attorney can scrutinize the investigation and arrest for procedural mistakes. Violations of your rights could lead to acquittal.

Outcomes and Consequences

The penalties for Percodan offenses are severe, especially trafficking charges. However, skilled legal advocacy can often mitigate outcomes and consequences.

For possession and minor offenses, your attorney may negotiate reduced charges or pre-trial diversion programs. These allow charges to be dismissed following probation and drug treatment.

Trafficking and distribution charges are harder to dismiss. But your lawyer can still often negotiate shorter sentences and lower fines. Good behavior in prison may further reduce time served.

A conviction also leads to a permanent criminal record with impacts on employment, housing, and finances. Your lawyer may sometimes pursue expungement after your sentence to lessen these collateral consequences.

Getting Legal Help

Percodan charges shouldn’t be faced alone. An experienced criminal defense lawyer can be invaluable in building your defense and negotiating for the best possible outcome. Don’t hesitate to explore your options and retain skilled legal counsel.

With an in-depth understanding of the applicable laws and defense strategies, a lawyer thoroughly versed in Percodan cases can make all the difference. They will aggressively defend your rights, liberty, and future at every stage from investigation and arrest to sentencing and appeal.

Conclusion

Percodan remains a widely abused prescription opioid with illegal possession, sale, and use carrying stiff criminal penalties. However, viable defenses exist in many cases with the help of an attorney. To avoid harsh outcomes, never hesitate to invoke your right to legal representation if facing any Percodan charges. An experienced lawyer can strategically protect your rights and interests at every phase of the process. With skilled advocacy on your side, far more favorable resolutions are possible.