How To Successfully Fight A Prescription Fraud Charge – Penal Code Section 459, Penal Code Section 1192.7, Penal Code Section 475, Business and Professions Code Section 4160, Health and Safety Code Section 11173
Prescription fraud is a serious offense, but with the right knowledge and legal strategy, your case can be effectively defended. In this blog post, we will explore what prescription fraud entails, effective defense strategies for this situation, and practical steps you can take with your criminal defense attorney to combat these charges.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding Prescription Fraud
What Constitutes Prescription Fraud?
Prescription fraud, also known as prescription drug fraud, involves obtaining prescription medication through deceit, misrepresentation, or forgery. This can include forging prescriptions, using fake identification, or attempting to obtain multiple prescriptions from different doctors (doctor shopping).
Common Types of Prescription Fraud
Prescription fraud can take various forms. Some common types include:
- Forging Prescriptions: Altering a legitimate prescription or creating a counterfeit one.
- Doctor Shopping: Visiting multiple doctors to obtain multiple prescriptions for the same medication.
- Pharmacy Fraud: Providing false information to pharmacies to obtain prescription drugs.
California Penal Code Sections for Prescription Fraud
In California, prescription fraud is governed by several key sections of the Penal Code. Understanding these sections can provide insight into the nature of the charges you may face. The primary sections include:
- Penal Code Section 459: Burglary related to fraudulent activities in pharmacies can result in felony charges, with penalties including imprisonment for two to six years and restitution costs.
- Penal Code Section 1192.7 lists “serious” felonies. This list is critical because it identifies which felonies can be considered strikes under California’s Three Strikes law. If someone is convicted of a crime on this list, they receive a strike on their record. According to PC 1192.7(c)(18), first-degree burglary is explicitly listed as a serious felony. Therefore, if someone is convicted of first-degree burglary, it automatically qualifies as a strike offense, one aligned with the burglary described in Penal Code Section 459.
- Penal Code Section 475: This section concerns counterfeiting prescription drugs or using forged prescriptions. Violators may face felony charges, leading to fines of up to $10,000 and imprisonment for 16 months to three years.
- Business and Professions Code Section 4160: Engaging in the unlawful practice of pharmacy could lead to misdemeanor charges with potential fines of up to $1,000 and imprisonment for up to six months, or felony charges for more serious infractions, resulting in fines of up to $10,000 and imprisonment for one year or more.
- Health and Safety Code Section 11173: This section pertains to obtaining controlled substances through fraud. Convictions can lead to felony charges, imposing penalties that include prison time of three to five years.
Key Defense Strategies for Prescription Fraud
When facing prescription fraud charges, several key defense strategies can be employed to strengthen your case.
Prescription Validity
Another solid defense is to challenge the validity of the prescriptions in question. Your criminal defense attorney may argue that the prescriptions were legally obtained or that the prescribing physician had a legitimate medical rationale for issuing them. This can involve scrutinizing the doctor’s records and intent to prescribe.
Medical Necessity
Proving that the medications were necessary for legitimate medical purposes can also serve as an effective defense. By gathering evidence from medical professionals who can testify to your condition and the appropriateness of the prescribed medications, you may provide a valid justification for your actions.
Lack of Intent
One of the primary defenses is to demonstrate a lack of intent to commit fraud. If your criminal defense attorney can show that your actions were not deliberate or were based on a misunderstanding, this may weaken the prosecution’s argument. Evidence such as communication with healthcare professionals or pharmacy employees may support this defense.
Mitigating Circumstances
Lastly, presenting mitigating circumstances may influence the outcome of your case. Factors such as a history of substance abuse, mental health issues, or undue pressure from others can paint a fuller picture of your situation, potentially leading to more lenient treatment by the court.
Having a Legal Representative
Having a criminal defense attorney for prescription fraud charges is not just advisable—it’s imperative, considering the intricate nature and serious consequences of these allegations. Prescription fraud can result in punitive measures like substantial fines, lengthy prison sentences, and a lasting stain on one’s personal and professional reputation. Moreover, they can advocate for alternatives to incarceration, such as rehabilitation programs, particularly if the accused individual’s actions stemmed from a substance use disorder. Ultimately, within this complicated legal landscape, a skilled criminal defense attorney serves as an indispensable ally, working diligently to shield accused individuals from the life-altering ramifications of prescription fraud allegations while striving for the best possible result tailored to the unique aspects of each case.
Contact Wallin & Klarich Today
If you are facing a prescription fraud charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
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