Spodek Law Group handles tough cases
nationwide, that demand excellence.
Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
New York has strong laws on the books when it comes to prescription drug fraud. Criminal diversion of prescription medications is something New York state law takes very seriously. This article should provide a starting point for educating yourself on this offense. Criminal diversion of prescription medication and prescriptions – which is covered under NY penal law section 178.10, 178.15, 178.20 and 178.25) can range in penalty from a “Class A” misdemeanor — which is punishable with up to one year in jail — or to a Class C felony – which is punishable with up to 15 years in a state prison.
In order to understand what you’re facing – when charged with Criminal Diversion of Prescription Medication and Prescriptions, you need to understand what the criminal diversion act is. Penal Law 178, a “criminal diversion act,” is an act where someone transfers, delivers, or receives, something of financial value in exchange for a prescription medication – or device, which the recipient has no medical need for, or prescription for. The statute is clear – that as long as one has reasonable grounds to understand the recipient didn’t need the medication – he shouldn’t have given it. Transferring, or receiving, in exchange for money – satisfies the “criminal diversion act,” component.
There are a few different degrees when it comes to criminal diversion of prescription medications.
Criminal Diversion of Prescription Medications in the 4th Degree – NY PL 178.10
Criminal Diversion of Prescription Medications in the 3rd Degree – NY PL 178.15
Criminal Diversion of Prescription Medications in the 2nd Degree – NY PL 178.20
Criminal Diversion of Prescription Medications in the 1st Degree – NY PL 178.25
Fourth Degree Diversion
You are guilty of Penal Law 178.10, if you commit a criminal diversion as listed above. This is a Class A Misdemeanor, and punishable by up to 1 year in jail.
Third Degree Diversion
You are guilty of Penal Law 178.15, when you commit a criminal diversion act. The value has to be greater than $1,000 from the act. If it’s less than $1,000 – and you were previously convicted in the 4th degree, then your new charge is bumped up to third degree. This is a Class E felony, and punishable by up to 4 years in prison.
A person guilty of Penal Law 178.15, is guilty of a Second Degree of criminal diversion act. The value of the fraud perpetrated must be greater than $3000. This is a D felony, punishable by up to 7 years in prison.
A person is guilty of Penal Law 178.15 if the person commits a criminal diversion act of a value greater than $50,000. The crime is punishable by up to 15 years in a state prison.
What are the defenses
There are no cookie cutter criminal defense strategies to these charges. There are certain level facts, and points, which can be beneficial to your case. Certain points/elements can help mitigate your case, or have it dismissed. New York Penal Law sets forth possible defenses. For example, if you were a doctor and were authorized to administer the prescription, and you did it in good faith – with no malice intent, then you have a defense. If you are someone who has a condition, and were looking for treatment for that condition – and pursued that treatment in good faith – then you have a possible defense. As long as there is a legitimate or valid reason, you have a defense for mitigating and/or having the case dismissed.
Another possible defense is identifying what proof the prosecutor has. For example, videos, confessions, or the actual drugs themselves. If you were the victim of a sting operation, and were entrapped, or had the drugs planted on you – then this could be sufficient grounds to ask for a dismissal of charges or reduction. If the prosecutor doesn’t have the drugs you allegedly sold – then the prosecutors case is much weaker. There are numerous legal grounds, which can help improve your situations.
Often, Criminal Diversion of Prescription Medication can also result in other charges such as grand larceny, health care fraud, insurance fraud, and criminal sale of a prescription of a controlled substance.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.