A Misdemeanor Crime
Violations of Penal Code section 220.45 are considered Class A misdemeanors. A conviction for a Class A misdemeanor in New York State could lead to a maximum prison sentence of one year in jail or three years probation. Monetary fines may be imposed. The amount of the fine could be up to $1,000 or double the amount of any gain from the crime. As with any misdemeanor or felony charge, a conviction must come from guilt beyond a reasonable doubt. Quite frequently during drug arrests, a suspect faces multiple charges. In addition to possession of a hypodermic instrument, a person may be charged with being under the influence of a controlled substance, possession of a controlled substance, disorderly conduct, and more. Multiple misdemeanors and possible felonies increase the severity of the penalties and the complexities of a potential defense strategy.Drug Use Associated with Hypodermic Needles
The most common connection between illegal drug use and hypodermic needles would be utilizing a syringe to inject heroin. While heroin addiction does often require someone to use a hypodermic needle, other drugs do so as well. Painkillers, amphetamines, and anabolic steroids would be other drugs that sometimes require an injection delivery method. If residue from any illegal drug is found in a syringe, additional charges could, and likely would, be levied against the person in possession of the hypodermic instrument.Possession of a Hypodermic Instrument Absent Drugs
⚖ Legal Pulse: Key Statistics
15,000+
Federal Cases Filed Annually
90%
Plea Before Trial
The Public Health Law 3381 Exemption
Those who receive their needles or syringes from a licensed health care provider or facility or pharmacy authorized to prescribe these instruments may be allowed to legally acquire an possess them. Affiliation with the state's needle/syringe exchange program is also noted as a non-violation. The rules are detailed under Public Health Law 3381. The statute, however, only addresses the possession and acquisition of needles or syringes by persons 18 years of age or older.Defenses to Charges
Defenses for the charges vary. Clearly, the prosecution must present clear and definitive proof the accused actually possessed or sold the hypodermic instrument is a must. When possession or sale has been established, illegality must be established. Lack of probable cause or violations of constitutional rights could lead to evidence being deemed inadmissible. Depending on the circumstances of the case and the background of the accused, a defense attorney could also negotiate a plea bargain. Each and every individual case varies. Persons facing charges under this statute should retain the services of a qualified criminal defense attorney who handles cases of this nature.
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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