New York OxyContin Frequently Asked Questions
The recent focus on the opioid addiction problem throughout the United States has received significant attention from state legislatures that have historically used a traditional legal approach to combating drug abuse. However, this dilemma is nothing new to the prosecutors in the state of New York. The urban areas of the northeast were actually singled out by the current administration as potentially having the worst problem among the states. The dangers of Oxycontin are well understood throughout both the legal and medical industry, but doctors must still treat patients. The problem begins with medical professionals who are largely limited in what medications they can prescribe for intense pain, resulting in many patients who experience chronic pain needing a strong opioid medication for pain relief. The issue then extends to the streets where the effectiveness of the painkiller is also well understood. This leaves New York criminal prosecutors in a position where they must all be particularly harsh when assessing potential punishment, which can already be very stern in the state of New York.
Oxycontin Possession Charges
New York uses a multi-tier classification system when evaluating the level of a crime. Simple possession of a minor amount of Oxycontin is typically filed as a misdemeanor charge, but a conviction can still carry as much as one year incarceration period at a city or county prison facility. Courts can impose considerable fines as well, normally based on the severity of the case facts. Even something as simple as not having the medications in the proper container could result in a citation even though there is no intent. Having solid criminal defense representation when circumstantial evidence like this is being used means all details can be evaluated for admissibility and a potential dismissal.
Oxycontin Trafficking Charges
Trafficking in Oxycontin is a much more serious criminal charge than mere possession. All cases involving over 1/8 ounce of Oxycontin are filed as a felony with increasing punishments based on the increased quantities found in the defendant’s possession. It is also possible for individuals who are connected to a distribution ring to be charged with a similar offense in major possession cases. Possible sentences are:
- Fourth Degree Possession Class C Felony 1/8 oz. – 15 years
- Third Degree Possession Class B Felony 1/2 oz. – 25 Years
- Second Degree Sale 4 oz. Class A-II – Life
- First Degree Sale 8 oz. Class A Felony – Life
All Oxycontin possession convictions carry the possibility of significant fines in addition to jail time, which makes having an aggressive and knowledgeable New York criminal defense lawyer an absolute must when facing any type of opioid charge. Even when it appears that the state has a strong charge, evidence details matter. Police must follow proper investigation and arrest protocol, and they are often too eager to act in even a misdemeanor drug arrest. The public attention being applied to opioid addiction can also give prosecutors incentive to process cases on weak or borderline evidence, but it still takes solid legal representation to arrive at a reasonable outcome.
Contact Spodek Law Group
The government is not entitled to a conviction in a criminal case unless they can prove their claims. Never accept a conviction as personal fate when faced with Oxycontin charges because the outcome of the case can have lifelong impact. Always call a diligent attorney like the legal professional at Spodek Law Group who have a long track record of positive results for their clients. The attorney you choose can make a difference.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic