New York Penal Law 178.10: Criminal diversion of prescription medication and prescriptions in the fourth degree

New York Penal Law 178.10: Criminal diversion of prescription medication and prescriptions in the fourth degree

Criminal diversion is defined in the New York Penal Code as the transfer of a prescription medication, or medical device, for money. The transfer is made with the knowledge that the recipient has not medical need for the prescription or device. In addition, the seller lacks legal authority to sell the prescription of device to anyone.

Criminal diversion consists of four separate offenses in the New York Penal Code. These include criminal diversion of prescription medication and prescriptions in the fourth degree.

Elements of Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree

The elements of criminal diversion of prescription medication and prescriptions in the fourth degree include the sale of a prescription medication. The seller has actual knowledge that the buyer has no medical need for the medication. The seller does not have authority to sell prescriptions, under any circumstances.

The law does not require any minimum amount of money to be exchanged for a person to be found guilty of criminal diversion of prescription medication and prescriptions in the fourth degree. The reality is that anything of value given in exchange for a prescription medication suffices under the terms and conditions of the New York Penal Code regarding the crime of criminal diversion of prescription medication and prescriptions in the fourth degree.

Example of Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree

An example of criminal diversion of prescription medication and prescriptions in the fourth degree involves a woman named Samantha. She had a prescription for an opioid pain killer. Rather than use the medicine herself, she sold the pills to Peggy Sue. Peggy Sue had not medical need for the drug. She wanted the medication for recreational purposes.

Sentence for Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree

Criminal diversion of prescription medication and prescriptions in the fourth degree is classified as a class A misdemeanor. As a result, a person convicted of criminal diversion of prescription medication and prescriptions in the fourth degree can face a sentence in jail of up to one year. A person could also be sentenced to three years probation if convicted for criminal diversion of prescription medication and prescriptions in the fourth degree. A person convicted of this crime may also face a monetary penalty as well.

Defenses to Criminal Diversion of Prescription Medication and Prescriptions in the Fourth Degree

One primary defense to criminal diversion of prescription medication and prescriptions in the fourth degree is the fact that an individual is a licensed physician or pharmacist. If a person is duly licensed as a physician or pharmacist, he or she is protected from the law if a conveyance of prescription medication is made in good faith. The transfer needs to have occurred during the regular course of a physician’s or pharmacist’s profession to qualify as a defense to criminal diversion of prescription medication and prescriptions in the fourth degree.

NYC criminal lawyers can provide representation to a person facing charges of criminal diversion of prescription medication and prescriptions in the fourth degree. The first step in retaining legal representation is an initial consultation between legal counsel and a person facing criminal diversion of prescription medication and prescriptions in the fourth degree charges.

During a legal consultation, a person facing criminal diversion of prescription medication and prescriptions in the fourth degree charges obtains a case evaluation from a skilled, experienced New York criminal defense attorney. In addition, a prospective client has the opportunity to obtain answers to key questions. As a general rule, there is no charge for an initial consultation in a criminal diversion of prescription medication and prescriptions in the fourth degree case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.