Penalties and Offenses

CRIMINAL DIVERSION OF PRESCRIPTIONS: PENALTIES AND GRADES OF THE OFFENSE

As all top New York Medicare/Medicaid fraud defense attorneys know, most major New York offenses are subdivided into misdemeanor and felonies based on the presence or non-presence of aggravating factors, The offense of Criminal Diversion of Prescriptions is no exception to this rule and Article 178 of the Penal Law sets out four degrees of the crime that may be charged in a case, ranging from a relatively minor A misdemeanor to a much more serious C felony. If you or a loved one has been arrested for the illegal sale or purchase of prescription drugs or written prescriptions, it is very common to not become aware of the severity of the offense you were arrested for until at arraignment when it is read in open court by the state prosecutor. Consulting with top New York criminal defense attorneys as early as your arrest may help you prepare for the worst: a reading of a felony charge at arraignment

A brief overview of the four degrees of the crime of Criminal Diversion of Prescription follows.

Criminal Diversion of Prescriptions in the Fourth Degree — NY Penal Law § 178.10

Offense Level: A Misdemeanor.

Most Commonly Charged For:

  • The commission of a criminal diversion act.

Incarceration Exposure: Up to 1 year in jail.

Criminal Diversion of Prescriptions in the Third Degree — NY Penal Law § 178.15

Offense Level: E Felony.

Most Commonly Charged For:

Incarceration Exposure: Up to 4 years in a state prison.

Criminal Diversion of Prescriptions in the Second Degree — NY Penal Law § 178.20

Offense Level: D Felony.

Most Commonly Charged For:

  • The commission of a criminal diversion act, with the value of the benefit exchanged in excess of $3,000.

Incarceration Exposure: Up to 7 years in a state prison.

Criminal Diversion of Prescriptions in the First Degree — NY Penal Law § 178.25

Offense Level: C Felony.

Most Commonly Charged For:

  • The commission of a criminal diversion act, with the value of the benefit exchanged in excess of $50,000.

Incarceration Exposure: Up to 15 years in state prison.

Retaining top New York white-collar crime attorneys as early as possible after arrest will allow you to craft a strong defense to any arbitrary or unfounded charging decision by state prosecutors in these cases. If you or a loved one has been arrested or believe to be under investigation by the state for Medicaid or Medicare fraud or the sale of prescription drugs or controlled substances, consider reaching out to one of our experienced New York criminal defense lawyers today for a free consultation. While not the most common of state offenses, prosecutions for Criminal Diversion of Prescription Drugs or Prescriptions are becoming more regular as prescription drug sales and Medicaid and Medicare coverage proliferate. As such, we advise that you waste no time in seeking the legal representatives you need and can trust to represent your interests in criminal proceedings by the state.