According to the National Institute on Drug Abuse, more than 115 Americans die per day from opioid overdoses. This has become a public health crisis that many states are trying to combat with stricter laws. New York is no exception. As such, illegal possession or sale of opiate substances can result in serious consequences. This makes it crucial for those arrested and charged with a drug-related offense to seek counsel immediately from an experienced criminal defense attorney. Below is some further insight into how drug crimes involving opioids are being prosecuted.

What to Know About Prosecution for the Possession of Opioids

When Does Legal Possession Become Illegal?

Some forms of opioids are often prescribed for pain relief. To be in legal possession of an opiate substance, a valid prescription from a doctor must be obtained and you must have the original bottle. Charges will depend on the type and amount of drugs found and can range from misdemeanor possession to a felony possession, or felony possession with intent to sell. The level of offense is generally based upon weight. 

Potential Consequences 

Simple possession of an opiate is typically considered a class A misdemeanor, with a potential jail sentence of up to one year and a maximum fine of $1,000. Heroin is one form of opioid that is illegal in any amount. New York classifies heroin as a Schedule 1 drug, and being in possession of even a ½ gram is subject to a felony charge. If convicted, this can result in one to two and ½ years incarceration and up to one to nine years for a class B felony offense. A criminal defense attorney can argue for a lighter sentence involving probation or a drug treatment program rather than incarceration, particularly if possession can be attributed to drug addiction. Sales charges will not receive this sort of diversionary treatment.

Criminal Charges for Opioid Overdoses  

Earlier this year, the New York State Senate passed Laree’s Law in an effort to crack down on the growing opioid epidemic. It allows those who have sold an opiate substance resulting in death to be charged and prosecuted for homicide. Sale has an extremely broad definition under New York Law. Under prior law, anyone who provides illegal drugs that caused the death of the user could only be charged with the criminal sale of a controlled substance. 

Being arrested for a drug-related offense can have life-changing consequences, both personally and professionally. If you are facing charges for any drug possession, Thomas A. Corletta, Attorney at Law will look out for your rights and interests and establish a solid criminal defense on your behalf. He has served residents in Rochester, NY, and the surrounding area for nearly 40 years, providing them with sound advice and effective representation on a variety of legal matters. You can count on him to give your case the time and attention it deserves, and fight to aggressively to get you the best possible result. Call (585) 546-5072 to schedule a consultation or visit his website for more information on how he can help devise a defense that improves your chance of avoiding conviction.