How much jail time is issued for stealing prescription drugs? 33 Answers as of December 07, 2011

How much jail time would you get in for stealing prescription drugs from somebody in your household if they pressed charges?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends on factors such as what drugs, how much what are the exact criminal charges. You should hire an attorney to try to get a favorable plea bargain, hopefully with a no jail promise from the judge.
Answer Applies to: New York
Replied: 12/7/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Penalty for criminal acts depends upon the exact level of offense charged combined with a person's criminal history, so it may be different for each person.
Answer Applies to: Kansas
Replied: 12/1/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Depends on the value of the drugs and where they wer stolen from. If from a house maybe at least it could be a 4 year felony. Also the drugs may be controlled where it is illegal to possess them without a prescription.
Answer Applies to: Michigan
Replied: 12/1/2011
Connell-Savela
Connell-Savela | Jason Savela
It depends on the drugs involved. But, generally, if you have no priors and you are not distributing/selling the drugs (personal use only), it is likely a misdemeanor with probation and no jail. It may take some effort to get there.
Answer Applies to: Colorado
Replied: 12/1/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Its a theft and it depends on the value of the drugs whether is would be a felony or misdemeanor. Also, if the drugs are controlled then one could be charged with possession of a controlled substance, usually a felony.
Answer Applies to: California
Replied: 12/1/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It depends on your history as to your record. However a B felony carries a 3.5 to 7 years maximum and possession of any controlled drug is a B felony.
    Answer Applies to: New Hampshire
    Replied: 12/1/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Larceny of prescription drugs in Massachusetts, assuming the drugs are worth more than $250, carries a maximum penalty of five years in prison. If the value is less than $250 the maximum penalty is 2 1/2 years in the house of correction. There is a secondary issue associated with larceny of prescription drugs. One can also be charged with illegal possession of those substances; the maximum penalty for most prescription substances would be one year in prison.
    Answer Applies to: Massachusetts
    Replied: 12/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    First, the only person who can authorize charges is the prosecuting attorney. If the person called the police, there would be an investigation that would be forwarded to the prosecutor for review. What a possible sentence might be would depend on what the ultimate conviction was for as well as past record and other factors. There is not enough information given to answer.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That depends on the exact charges. Grand theft, generally, as a felony (you do NOT want to be convicted of a felony!) has a maximum of three years in custody. Simple possession of drugs - even prescription drugs if the prescription is not yours - can have the same maximum. There are other factors to consider before one can be given an exact answer - it depends on the exact charges, your criminal history, and the facts of the case. And it is not up to the relative to "press charges." If it is reported to the police, and the DA thinks he/she can prove the case, the DA makes the decision to prosecute, bot the relative. The best approach may well be to work it out without reporting it to the police, even if that means getting treatment for a substance abuse problem. I submit to you that stealing someone else's prescription is highly suggestive of a significant drug problem. If so, get help regardless of whether or not charges are filed. It just might save his/her life and prevent the destruction loving family relationships.
    Answer Applies to: California
    Replied: 12/1/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You could be charged with unlawful possession of a controlled substance which can be a felony. I would advise consulting with an attorney before proceeding any further.
    Answer Applies to: Alabama
    Replied: 12/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It all depends on the surrounding circumstances and you criminal history.
    Answer Applies to: New York
    Replied: 11/30/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Depends on if it is a charged as a felony or misdemeanor.
    Answer Applies to: Utah
    Replied: 11/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The charge would be possession of a controlled substance. The punishment would be not less than 1 year and a day nor more than ten years in prison.
    Answer Applies to: Alabama
    Replied: 11/30/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    This type of offense is a felony so it is very serious. It depends on the county as to the sentence. Please contact an attorney immediately to discuss your case.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the amount, drug type, and whether or not you have a criminal history. You may also have the possibility of agreeing to a court ordered drug treatment program, which could result in you doing no jail time. Consult with an attorney in your area.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Depends on many factors......amount of drugs taken, criminal background, judge, prosecutor, your legal representation...many circumstances many outcomes.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    There is a vast range of possible sentences. If you are a suspect in a crime do not talk to the police and seek the assistance of an attorney.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you steal prescription drugs from someone in your household it is the same as theft from a stranger. The chances are that if you are charged it would be charged as a misdemeanor and not a felony. The max you could get for that is one year.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    First allow me to clarify citizens do not press charges. Prosecutors file charges based on whether they believe that they can prove a case. If the police were notified and the prosecutor received a report about this conduct it could be punished in various ways. Most likely it either be possession of a controlled substance or receiving stolen property. Both of these offenses are punishable by 16 months, two years or three years in state prison. Now that the law has changed you would not actually go to prison. You would do spend the sentence in county jail. You should contact a criminal defense lawyer to discuss this situation.
    Answer Applies to: California
    Replied: 11/30/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could get a state prison sentence depending on the drugs, the amount, what all the charges are and defendant's prior record. Ask your attorney.
    Answer Applies to: California
    Replied: 11/30/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The amount of a jail sentence depends on the crime with which you were charged. I would need this information to before I can provide an answer.
    Answer Applies to: Connecticut
    Replied: 11/30/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    The issue of the amount of jail time is impossible to answer without knowing a person's complete criminal history, type of drugs and circumstances, the Court involved, and the victim's relationship with or to the perpetrator... even then, it will be impossible to give you an accurate prediction. Please speak with a criminal defense attorney. Your attorney must know all the facts, the type of drug stolen and the amount possessed.
    Answer Applies to: Wyoming
    Replied: 11/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I would assume the charge is a felony so, any where from 1 to 20 years depending on your history. Very important not to talk with anyone but a lawyer about a crime like this. Silence is your best defense.
    Answer Applies to: Nebraska
    Replied: 11/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That would be Petty Larceny and that is a class A misdemeanor. The most time you can get for an A misdemeanor is one year in a local jail. If you commit a felony such as forging a prescription you could get up to 4 years in a state prison. I would advise you not to commit any crimes because if you get a criminal record you will find it very difficult to get a descent job. Also, if you steal their medication and they die as a result of that crime you will be facing 15 years to life.
    Answer Applies to: New York
    Replied: 11/30/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Every case and every defendant is different. The amount of actual jail time resulting from a conviction depends on many factors, the most important being prior record. If you are asking about crimes that could be charged and maximum penalties for those crimes, it would depend upon whether you were caught in possession of those controlled substances. Possession crimes differ in severity depending upon the amount of substance involved. Possession of all controlled substances, except for a "small amount" of marijuana, is a felony. If you were not caught possessing the controlled substance, the offense would be a theft related crime. Theft of a controlled substance can be a felony. It could also be charged based upon dollar value. It would depend upon how hard the authorities wanted to come down on you.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Unlawful possession of drugs carries 8-12 years if they find drugs on your person. But the theft of those drugs is a misdemeanor which carries 11 months and 29 days.
    Answer Applies to: Tennessee
    Replied: 11/30/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Theft is the least of your worries. Only over $1500 is a felony. But depending on the drug, quantity, and classification, you could have a felony possession of a controlled substance.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the substance and whether the subject was caught in possession of the substance.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Ascheman & Smith | Landon Ascheman
    There is too much information missing to be able to answer this question. You need to speak to a criminal defense attorney. And that defense attorney will need to know your criminal history, what charges occurred, how you were sentenced, the outcome of those cases, what the current charges are, what was taken, the amount that was taken, where it was taken, what were the circumstances. From there, an attorney could probably give you a general ballpark figure.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    It depends on things like if the person has priors, the type and quantity of drugs. I have had clients get probation and I have had clients get years in prison, depending on those differences.
    Answer Applies to: Arizona
    Replied: 11/30/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It depends on about a million factors. What specific crime(s) are you accused of? How strong is the evidence? What (if any) defenses might apply? What does your record look like? Which county did it happen in? etc.
    Answer Applies to: California
    Replied: 11/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    That can vary depending on several factors. Prior record, amount taken, steps taken to show remorse or rehabilitation, etc. Generally on a first time offense, jail time is minimal if there is any at all.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
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