New York criminal charge
Scheme to defraud the state by unlawfully selling prescriptions in New York
Scheme to defraud the state by unlawfully selling prescriptions is a Class A Misdemeanor under New York criminal law, defined by N.Y. Penal Law § 190.70. As a Class A Misdemeanor, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 190.70.
What is the penalty for scheme to defraud the state by unlawfully selling prescriptions in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about scheme to defraud the state by unlawfully selling prescriptions in New York
What class of misdemeanor is scheme to defraud the state by unlawfully selling prescriptions in New York?
Scheme to defraud the state by unlawfully selling prescriptions is a Class A Misdemeanor in New York under N.Y. Penal Law § 190.70.
What are the penalties for scheme to defraud the state by unlawfully selling prescriptions in New York?
As a Class A Misdemeanor, scheme to defraud the state by unlawfully selling prescriptions carries up to 364 days (the maximum authorized for the class) of incarceration and a fine of up to $1,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers scheme to defraud the state by unlawfully selling prescriptions?
Scheme to defraud the state by unlawfully selling prescriptions is governed by N.Y. Penal Law § 190.70 (Scheme to defraud the state by unlawfully selling prescriptions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.