The laws in the state of New York prohibit anyone from doing anything that pertains to narcotics including manufacturing or selling. These laws include the exchange of narcotics for money as well as giving someone else drugs that the person can use. If you use a hypodermic needle to inject any kind of narcotic into your body of the body of someone else, then you can be charged with criminal injection of a narcotic drug. EVne if the other person gives you consent, you can be charged with the crime of injection of a narcotic drug according to New York laws. Possession of a controlled substance is another charge that you could receive if you are charged with criminal injection because you would possess an illegal drug while in the process of committing another crime. Other charges could stem from criminal injection if the person is injured in any way or if the person dies. Criminally negligent homicide is one charge that could stem from injection of a narcotic as it relates to the health of the other person.
A group of people, including a woman and her boyfriend, gathered together to use heroin at someone’s home. The woman didn’t like the idea of using a needle to inject herself with heroin, so she asked her boyfriend to inject the drug instead. When the boyfriend injected the heroin into the woman after her consent, her breathing slowed, resulting in a loss of consciousness. Not knowing what to do, the boyfriend decided to leave the woman in the home. The friends who stayed with her called for help. Paramedics arrived at the home and were able to help the girlfriend. Although the woman asked for her boyfriend to inject the heroin, he could still be charged with criminal injection of a narcotic drug because he agreed to her request and injected the drug into her body. If she had died, then he could have been charged with negligent homicide as well.
There are various degrees of criminal possession that can be attached to this drug in New York. Some of them include seventh-degree criminal possession of a controlled substance or third-degree criminal possession of a controlled substance. Your background and the type of drug are often taken into consideration when the charges are given and when you are sentenced.
Sometimes, you can consult with an attorney who can offer a few defenses when you go to court. It’s sometimes possible to challenge the evidence that the prosecution has against you by stating that the drugs weren’t yours or that you didn’t physically inject the drug. Your attorney could offer doubt about how credible the witnesses are and whether the witnesses are working for or against the defendant regarding their own personal gains. If you can show that the witnesses were impaired at the time the drug was injected as well, then you could use their credibility as a component of your defense. In the event that a needle was found during an unlawful search of your vehicle or your home, the evidence wouldn’t be admissible in court. The prosecution would then have to drop the charges against you until justified evidence is introduced in court. Keep in mind that you can be charged with criminal injection even if the other party gives you permission.
This charge is a class E felony in the state. You could be sentenced to spend up to four years in prison if you’re convicted. Probation of up to five years is an option as well depending on your background. Consulting with an attorney who can present defenses to the court is often your best option to try to stay out of prison or to have your sentence minimized.