New York Rohypnol Frequently Asked Questions

Rohypnol, commonly referred to as roofies, roach, and the forget-me pill, is a depressant. It is also a Scheduled IV controlled substance that is illegal in the United States. It is illegal to use it, sell it, manufacture it, or import it. If you are found with Rohypnol, the charges that you are likely to face include criminal possession of a controlled substance or criminal sale of a controlled substance. Because Rohypnol is closely associated with sexual assault, you may also be investigated for sexual assault. If you are arrested for a charged related to Rohypnol, the best course of action is invoke your right to remain silent and to contact an experienced New York Rohypnol lawyer to advocate on your behalf from the beginning of your criminal case until it is resolved.

Under New York’s criminal code there are several different criminal possession of a controlled substance offenses. They are classified based on the amount of the drug involved, with the most serious offenses involving the greatest amount of drugs. Thus, when the prosecutor decides on the charge, he (or she) must first review the evidence and determine the amount of Rohypnol that you knowingly have. Two criminal possession offenses apply to Rohypnol.

• Criminal possession of a controlled substance in the seventh degree. This is the minimum criminal possession charge for Rohypnol. It is the charge that you will face if you have a minimal amount of the drug. It is a class A misdemeanor. The potential sentence is up to 1 year in jail.
• Criminal possession of a controlled substance in the fourth degree. This is the charge you will face if you are found in possession of at least 2 pounds of Rohypnol. It is a class C felony with a possible prison sentence of up to 15 years.

In order for you to be convicted of any possession crime related to Rohypnol, the prosecutor must prove that you “knowingly” possessed the drug. An experienced New York Rohypnol lawyer will explain what “knowingly” means, and will use every possible defense to challenge the case against you.

Just like the crime of possession, there are several different criminal sale of a controlled substance crimes that vary based on the amount of Rohypnol or other controlled substance involved. In order for you to face a drug selling charge, it is not necessary for you to actually sell the Rohypnol. Giving it away, exchanging it for something other than money, disposing of it, or intending to sell it is enough for you to face a drug selling charge.

• Criminal sale of a controlled substance in the fifth degree. It is a class D felony with a possible sentence of up to 7 years in prison. If you sell or attempt to sell less than 2 pounds of a depressant such as Rohypnol this is the charge you will face.
• Criminal possession of a controlled substance in the fifth degree. While this crime is a possession crime, you can be charged with it if you possess a controlled substance such as Rohypnol with the “intent” to sell. For example, if the Rohypnol is packaged in a certain way, if there are large amounts of money present, or if there is frequent traffic to your property, are all signs of intent to sell. It is a class D felony.
• Criminal sale of a controlled substance in the fourth degree. If you sell or intend to sell at least 2 pounds of Rohypnol, you will be charged with fourth degree criminal sale of a controlled substance. It is a class C felony with a possible sentence of up to 15 years in state prison.

There are also criminal drug charges related to selling controlled substances on or near an educational facility and for involving minors in a drug transaction.

One of the most common questions that Rohypnol attorneys in New York are asked is the relationship between Rohypnol and rape. Rohypnol is a powerful sedative. Its short-term effects are to cause the feel relaxed and sleepy. It can also cause users to experience blackouts and memory loss. Sexual predators sometimes slip Rohypnol in the drink of their victims in order to make it easier for them to rape or commit another type of sexual assault. The victims sometimes have no memory of the attack.

If you use Rohypnol to facilitate a sexual assault, in addition to being charged with the specific type of sexual assault you committed, you will also be charged with facilitating a sex offense with a controlled substance, which is a class D violent felony. If convicted the possible sentence is up to 7 years in prison.

If you are facing criminal charges based on Rohypnol, contact an experienced Rohypnol attorney serving New York. New York’s drug laws are complicated and are ever-changing. It is critical that your representation is has the knowledge, experience, and resources to vigorously advocate for you and protect your legal rights. Contact the experienced staff at the Law Offices of Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.