Criminal diversion entails either knowingly exchanging prescription medication or devices for financial gain when the recipient lacks a medical necessity or knowingly obtaining prescription medication or devices from a seller lacking legal authority to distribute them.
Within New York’s criminal code, there exist four distinct offenses associated with criminal diversion. Among these, Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree represent the least severe violation within this category. As per New York Penal Law § 178.10, you may face prosecution for this offense if you engage in an act of criminal diversion.
Sentence
Engaging in Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree constitutes a Class A misdemeanor. Upon conviction, potential penalties may encompass a maximum of one year of imprisonment, a probationary period lasting up to three years, and the imposition of fines.
Defenses
A valid defense against a charge of Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree exists for licensed physicians or pharmacists who dispensed prescription medication in good faith within the lawful course of their profession. This defense hinges on demonstrating genuine intent and professional conduct.
Furthermore, a defense can be established if you are either seeking medical treatment for a personal condition or assisting someone in need of medical care. In both cases, a legitimate medical necessity serves as a basis for this defense against the aforementioned charge.
New York Penal Law § 178.10: Criminal Diversion of Prescription Medications and Prescriptions in the Fourth Degree
A person is guilty of criminal diversion of prescription medications and prescriptions in the fourth degree when he or she commits a criminal diversion act.
Related Offenses
- Criminal diversion of prescription medications and prescriptions in the third degree: New York Penal Law § 178.15
- Criminal diversion of prescription medications and prescriptions in the second degree: New York Penal Law § 178.20
- Criminal diversion of prescription medications and prescriptions in the first degree: New York Penal Law § 178.25
Hiring A New York Lawyer
When facing allegations of Criminal Diversion of Prescription Medications and Prescriptions in the Fourth Degree in New York, hiring a skilled lawyer is essential. This offense carries serious consequences, including jail time and a criminal record. A New York lawyer with expertise in healthcare and criminal law can navigate the complexities of your case. They will assess evidence, challenge legality of searches, and build a strong defense strategy. With their guidance, you can explore potential alternatives like drug treatment programs or plea bargains. Your lawyer’s knowledge of state laws and local courts is invaluable, increasing your chances of a favorable outcome.