Criminal Injection of a Narcotic in New York
If you are facing charges for criminal injection of a narcotic in New York, Penal Law 220.46, call a distinguished drug lawyer as soon as you are able. In the event you cannot, do not fear exercising your right to remain silent before sending yourself on an unintended trajectory towards a criminal conviction.
Like many drug crimes in New York, Criminal Injection of a Narcotic is a felony offense. This means anyone convicted could face a long prison sentence, as well as a permanent felony criminal record.
Your best chance at avoiding conviction is to work with an experienced drug defense attorney. Your New York Criminal Injection of a Narcotic will use experience and legal knowledge to defend you against a criminal injection of a narcotic charge, and any related charges.Criminal Injection of a Narcotic Charges and Penalties
In New York, it is illegal to inject someone else with a narcotic using a hypodermic syringe or needle. Even if the injection is consensual, the law still prohibits it.
Criminal injection of a narcotic in New York is a Class E felony. Those convicted of this crime face a between one and one and one half years in state prison, post release supervision and a $5,000 fine. Those who have prior related convictions will likely, and often must as a matter of law, face stiffer penalties than those who are charged with a first-time offense.
However, even a first offense for criminal injection of a narcotic is a serious criminal charge. Often, those facing this charge are also charged with other offenses, such as:
- Seventh Degree Criminal Possession of Controlled Substance: NY PL 220.03
- Criminal possession of a hypodermic instrument
- Second Degree Criminally Using Drug Paraphernalia: NY PL 220.50
New York Penal Code Section 220.46 states that it is illegal to “knowingly and unlawfully” inject another with a narcotic drug. This means that someone is only guilty of breaking the law if they knew the substance they were injecting into another’s body was a narcotic.
Therefore, a common defense to charges for criminal injection of a narcotic in New York is that the injector did not actually know the substance was a narcotic.
Anyone charged with this crime should contact an experienced New York narcotics defense lawyer for help. An experienced criminal attorney can help craft a criminal defense strategy tailored to the unique facts of the case.New York’s Drug Overdose Reporting Law
Like many states, New York is facing an opioid epidemic. An untold number of people suffer from opioid and other drug addictions across the state. Thousands are dying each year from drug overdoses.
This problem is so pervasive that New York legislators passed a law protecting those who call 911 to report an overdose. Commonly referred to as the “911 Good Samaritan Law,” this law protects those who call emergency services from getting arrested on certain drug crimes.
Under the law, those who call 911 to report a drug overdose cannot be arrested for some drug crimes, even if they are found in possession at the scene of the overdose. This law does not provide total legal immunity to the caller, however.
According to the New York Department of Health, the law protects overdose reporters from arrest, charges, and prosecution for:
- Possessing controlled substances up to and including A2 felony offenses (anything under 8 ounces)
- Possessing alcohol, where underage drinking is involved
- Possessing marijuana (any quantity)
- Possessing drug paraphernalia
- Sharing drugs
However, the Good Samaritan law does not protect those with an open warrant, those in violation of their probation or parole, or those selling controlled substances.Call an Experienced New York Drug Attorney Now
Speak with an attorney about criminal injection of a narcotic in New York to start building your case. An experienced and diligent lawyer will work hard in your defense and to protect your rights throughout the case.
Call the New York Drug Lawyers and Former Manhattan Prosecutors at (212) 312-7129 or contact us online today.