If a person is persistent, it isn’t terribly difficult to obtain OxyContin. Doctor shopping might be the easiest way. Other ways of obtaining the narcotic are through forged prescriptions, stolen prescriptions or on the street. Some doctors even knowingly participate in the illegal distribution of OxyContin.
Penalties for Illegal Possession of Oxycontin
Pursuant to New York Penal Law section 220.03, the lowest possible charge for possession of a small amount of OxyContin is a class A misdemeanor. Class A misdemeanors in New York are punishable by up to one year in jail and a fine not to exceed $1,000. Possession of any amount of OxyContin of one-eighth of an ounce or more triggers a class D felony charge that is punishable by up to seven years in a state prison. Possession of one-half of an ounce upgrades the charge to a class C felony that carries a prison term of up to 15 years. A class B illegal possession of OxyContin charge will be punishable by up to 25 years in prison. Illegal possession of four ounces or more of OxyContin can be punished by a sentence of life in prison.
Constructive Possession of OxyContin
An individual need not have an illegal drug on his or her person in order to be in possession of it. If it is possible for a person to exercise dominion and control over an illegal drug, he or she might still be found guilty of possessing it constructively. Constructive possession might occur if a person is in the same vehicle or room where an illegal drug is found.
Illegal Delivery of Oxycontin
A charge of selling, delivering or distributing OxyContin is a far more serious charge than possession of it. These types of charges are all felonies, and a dealer can be charged separately for each offense. The minimum sentence that an OxyContin dealer might face would be is a class B felony carrying the possibility of 25 years in prison. The sale of one-half of an ounce of OxyContin is a class A-II felony carrying the possibility of life in prison.
Possession With The Intent to Sell
Like any other illegal drug, a person can be charged with possession of OxyContin with the intent to sell it. Whether or not a person possesses OxyContin with the intent to sell it can be inferred from the circumstances. For example, possession of 10 individually packaged bags of the narcotic containing 50 capsules each of the drug would carry a strong inference.
Physicians and Pharmacists
Pursuant to New York Penal Law section 220.65, even doctors and pharmacists can be criminally charged in connection illegally for selling a prescription for OxyContin that was not issued in good faith during the course of their employment or profession. Criminal sale of a prescription is a class C felony. Doctors and pharmacists can expect licensing issues after any conviction.
Upon an arrest, don’t give police any type of a statement or confession. They will only be used against you in efforts to convict you. Contact our Queens OxyContin possession lawyers right away instead. You can arrange for a free consultation and case review. We are going to listen to you carefully and answer your questions. After we have examined all of the evidence, we will advise you of your legal options. Even if you are guilty of the offense, sentencing alternatives are available, especially if you are a first time offender. Our objective is to protect your future. Exercise your right to remain silent and right to the attorney of your choice. Contact us as soon as possible after any drug arrest.