Nassau County Prescription Drug Possession Lawyer

Prescription drug abuse and sales are an issue in New York State. Law enforcement and local courts have prosecuted these offenses, though there are now more options regarding diversion and treatment programs for offenders. Depending on the rate of abuse, prescription drugs can range from Schedule II to Schedule IV, according to the federal government. If you have been caught with prescription drugs without the appropriate prescription, you should contact an attorney with the experience you need to fight the charges. KCS Law has effective prescription drug possession lawyer as part of their criminal defense law firm, and they are ready to help you.

Illegal prescription drug possession

In the United States, it is illegal to possess a prescription drug without a prescription. In New York, Article 178 of the New York Penal Law covers the illegal possession of prescription drugs. The specific legal term is “Criminal Diversion of Prescription Medication and Prescriptions,” and states that a person convicted of these crimes is facing anything from a misdemeanor to a felony. Simple possession is an act of criminal diversion of prescription medication and prescriptions in the fourth degree. This is considered a Class A misdemeanor.

A fourth-degree offense comes with potential fines up to $1,000 and possible jail time up to 364 days.

If a person is convicted of a fourth-degree offense for the second time or caught with drugs with a monetary value over $1,000, they are committing an act of criminal diversion of prescription medication and prescriptions in the third degree. This is a Class E felony and is punishable with jail time up to 4 years.

For a second-degree charge, the monetary value of the drugs must exceed $3,000. This charge is a Class D felony and comes with possible jail time up to 7 years.

Those convicted of a first-degree violation (found with over $50,000 worth of drugs) are facing a Class C felony and possible jail time up to 15 years. 

It is important to note, however, that the monetary value is not the only factor used to determine the severity of a charge. While this serves as an important baseline, the court will also consider prior criminal convictions, whether or not forgery of prescriptions was involved, and misconduct, all of which can elevate the charges against you.

Contact a Prescription Drug Possession Lawyer from KCS Law

If you are facing illegal possession of prescription drug charges, you may have a lot of questions regarding the legal process going forward. KCS Law has years of experience with New York drug laws and will explore every avenue of defense to assist you in your matter. It would be in your best interest to contact one of our knowledgeable attorneys to assess your case, guide you through your options, and use any legal means to lessen the charges or have them dismissed. If you need quality legal representation, contact KCS Law to fight your case and conclude your legal matter in the best way possible.