OxyContin, along with Percocet and Percodan, are brand names for the opioid pain medication that contains oxycodone. It can be legally prescribed by licensed physicians and dispensed by pharmacists for patients suffering from moderate to severe chronic pain. However, it is highly addictive and is one of the most abused prescription painkillers in the United States. It is quite dangerous, as it can cause fatal respiratory problems if too much is taken or if it is taken by those with pre-existing health problems such as asthma. Oxycodone is a narcotic and is classified as a Schedule II controlled substance. Oxycodone is often obtained through forged prescriptions, stolen prescriptions or through doctor shopping. In some cases physicians and pharmacists become involved in the unlawful distribution of oxycodone by providing illegal prescriptions or dispensing it in an unlawful manner. As a narcotic and controlled substance, if you possess OxyContin or any other form of oxycodone, or if you distribute it you could face serious felony charges with penalties of several years in prison. If you have been charged with a drug crime related to OxyContin, oxycodone, or any other prescription medication you should immediately contact an experienced New York OxyContin lawyer who understands laws related to prescription drug abuse and who will work closely with you to develop a strong defense to the charges against you.
The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.
Types of OxyContin drug crimesCrimes related to OxyContin and oxycodone generally fall into 2 main categories: possession and sale or distribution. Since oxycodone is a controlled substance, New York's controlled substances laws apply to the possession and sale of OxyContin and other brands of oxycodone as well as to other related crimes.
OxyContin possession crimesIn New York it is against the law to possess OxyContin and other brands of oxycodone without a lawful prescription. If you do, you can be charged with criminal possession of a controlled substance in the seventh degree . This is the only OxyContin possession charge that is not a felony. It is a class A misdemeanor. The maximum possible sentence is up to 1 year in jail. N.Y. Pen. Law § 220.03
There are several possession crimes that are felonies. Each has steep possible sentences. Criminal possession of a controlled substance in the fourth degree is the charge you will face if you have at least 1/8 ounce of OxyContin or other narcotic drug. It is a class C felony with a possible sentence of up to 15 years in prison. N.Y. Pen. Law § 220.09. If you have at least .5 ounce of a OxyContin or other narcotic drug you will face the charge of criminal possession of a controlled substance in the third degree . It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16.
Once you possess at least 4 ounce of OxyContin, you face the possibility of going to prison for the rest of your life. If you have at least 4 ounces of OxyContin or other narcotic drug the charge will be criminal possession of a controlled substance in the second degree . It is a class A-II felony with a possible sentence of up to life in prison. N.Y. Pen. Law § 220.18. Similarly, if you have at least 8 ounces of OxyContin or other narcotic drug you will be charged with criminal possession of a controlled substance in the first degree . This is a class A-I felony that also carries a maximum possible sentence of up to life in prison. N.Y. Pen. Law § 220.21
Sale of OxyContin offensesBeing a drug dealer is considered to be a much more serious offense than drug possession. Each selling offense is a felony. Criminal sale of a controlled substance in the third degree is the minimum charge that you could face for selling OxyContin or any other narcotic drug. N.Y. Pen. Law § 220.39. It is a class B felony. The possible sentence is up to 25 years in prison. If you sell .5 ounce of a narcotic drug you will face a charge of criminal sale of a controlled substance in the second degree, a class A-II felony. N.Y. Pen. Law § 220.41. If convicted, the maximum sentence is life in prison. You will also face a life sentence if you sell at least 2 ounces of a narcotic drug. The charge would be criminal sale of a controlled substance in the second degree, a class A-I felony. N.Y. Pen. Law § 220.43
Doctors and other medical professionals could face a charge related to unlawfully issuing a prescription. Criminal sale of a prescription for a controlled substance is the knowing and unlawful selling of a prescription for a controlled substance. It is a class C felony. N.Y. Pen. Law § 220.65
Intent to sell OxyContin or any other narcotic drug can be deduced from the amount of the drug that you possess. If you have an amount of narcotic drug that the police determines is too much for personal use, then not only will you face a OxyContin selling charge, you will also face the charge of criminal possession of a controlled substance in the third degree. It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16
SentencingThe penalty that you receive for an OxyContin drug crime or a crime related to other brands of oxycodone will depend on factors such as the classification of the crime and your criminal record. If you have one or more prior felony convictions, the judge will be required to follow minimum sentencing guidelines. On the other hand, if this is you are first time offender you will likely receive a relatively light sentence.
Oftentimes those who commit crimes related to prescription painkillers such as OxyContin are addiction to painkillers. As part of an alternative sentencing program, New York offers eligible defendants with substance abuse problems to participate in Drug Treatment Court as part of their sentences. Some of the eligibility requirements include:
If you are invited to the program, you must plead guilty to the pending criminal charges. You will then start the program. If you successfully complete the program, then the judge will take this into consideration when sentencing you for your pending charge.
Contact the Law Offices of Stephen Bilkis & AssociatesIf you are convicted of a drug crime related to OxyContin or another form of oxycodone, you could be sent to prison for many years. Penalties for OxyContin crimes tend to be harsh, involving years in prison. You will also end up with a criminal record that includes a felony drug conviction. Because of these potential consequences of a conviction, if you have been charged with an OxyContin drug crime, you should immediately contact an attorney who has experience defending those accused of crimes related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of prescription drug crimes, OxyContin crimes, drug possession, drug distribution, drug manufacturing, and other drug offenses. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.