New York OxyContin Frequently Asked Questions
OxyContin is an opioid pain medication that contains oxycodone, making it a narcotic and a Schedule II illegal controlled substance. While it can be legally distributed by prescription, it is also commonly distributed illegally. Thus, if you are charged with a crime related to OxyContin, you may face a criminal possession charge, or a criminal sale charge. The New York OxyContin lawyers at the Law Offices of Stephen Bilkis & Associates understand that there are a variety of circumstances that may lead to an arrest for OxyContin. We also know that a drug arrest is serious, and we are here to help.What are the OxyContin possession offenses?
If you are found with OxyContin on your person or under your control, you will be charged with a criminal possession of a controlled substance crime. Depending on the amount of OxyContin involved, you may be charged with criminal possession of a controlled substance in the seventh degree, fourth degree, third degree, second degree, or first degree.
If law enforcement finds that you have less than 1/8 ounce of OxyContin, then you will be charged with misdemeanor criminal possession of a controlled substance in the seventh degree. It is a class A misdemeanor. The charge will get bumped up to a felony if you have at least 1/8 ounce of OxyContin. You will be charged with criminal possession of a controlled substance in the fourth degree, a class C felony. If .5 ounce is involved, then the charge you will face is criminal possession of a controlled substance in the third degree, a class B felony. For possessing at least 4 ounces of OxyContin, you will face the charge of criminal possession of a controlled substance in the second degree, a class A-II felony, and for 8 ounces, the charge will be criminal possession of a controlled substance in the first degree, a class A-I felony.What are the offenses related to selling OxyContin?
Just like the criminal possession crimes, the criminal sale of a controlled substance crimes related to OxyContin are based on the amount of OxyContin involved. However, because selling OxyContin is considered more serious than possessing it, each offense related to selling 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. It is a class B felony. If you sell .5 ounce of OxyContin, the charge will be criminal sale of a controlled substance in the second degree, a class A-II felony, while if you sell at least 2 ounces, the charge will be criminal sale of a controlled substance in the first degree, a class A-I felony.
In addition, while doctors can legally write prescriptions for OxyContin, it is illegal for them to sell prescriptions. If a doctor or other medical professional unlawfully sells an OxyContin prescription, he or she would face a charge of criminal sale of a prescription for a controlled substance, a class C felony.Will I be eligible for alternative sentencing if I am convicted of an OxyContin crime?
As an OxyContin attorney in New York will explain, if you are convicted of an OxyContin crime, most of which are felonies, your sentence may include prison, probation, or a fine, or a combination of these punishments. However, through a special program called Drug Treatment Court, New York offers alternative sentencing that involves going to drug treatment. Not every drug offender is eligible for Drug Treatment Court. The program is for those facing drug charges that are B, C, D, or E felonies, who are struggling with substance abuse, who do not have a history of violence, and who are likely to benefit from treatment. In order to be considered for Drug Treatment Court, it is imperative that you are represented by a New York OxyContin lawyer who has the knowledge and experience to negotiate a sentencing agreement that involves alternative sentencing.Contact the Law Offices of Stephen Bilkis & Associates
If you are charged with a crime related to OxyContin, you should take it seriously. While you may be eligible for alternative sentence, there is also a possibility that if you are convicted you will have to go to prison and pay a significant fine. You will have a criminal record. If you are facing OxyContin possession or selling charges, it is critical that you have experienced representation. The OxyContin attorneys serving New York at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with drug crimes, including prescription drug abuse. Contact us 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.