NJ Prescription Fraud Offense

NJ Prescription Fraud Offense

Prescription fraud and forgery are serious criminal offenses in New Jersey that carry severe penalties. This article provides an overview of prescription fraud laws in NJ, potential charges, defenses, and outcomes for those accused of illegally obtaining prescription drugs.

What is Prescription Fraud in New Jersey?

In New Jersey, it is illegal to acquire or obtain possession of prescription drugs through fraud, forgery, deception or other illegal means. This is considered “prescription fraud” under NJ law.

Some examples of prescription fraud include:

• Using a forged or altered prescription
• Stealing blank prescription pads
• Impersonating a doctor to call in fake prescriptions
• Going to multiple doctors to get multiple prescriptions (known as “doctor shopping”)
• Changing the quantity or dosage on a legitimate prescription

Simply put, if someone acquires prescription drugs dishonestly or illegally in New Jersey, they can face criminal charges.

NJ Prescription Fraud Laws

There are two main laws that prohibit prescription fraud in New Jersey:

NJ Statute 2C:21-1 – Forgery and Counterfeiting

This law makes it a crime to alter, forge, or counterfeit a prescription. This includes changing the quantity, dosage, or doctor’s signature on a real prescription. Penalties under 2C:21-1 depend on the drug schedule and quantity involved, but can include fines up to $150,000 and 3-5 years in prison.

NJ Statute 2C:35-13 – Obtaining a Controlled Substance by Fraud

This statute specifically prohibits acquiring or obtaining prescription drugs through “misrepresentation, fraud, forgery, deception or subterfuge.” This covers things like doctor shopping, stealing prescription pads, or using someone else’s prescription. Violations are a third degree crime punishable by 3-5 years imprisonment and up to $25,000 in fines.

Prescription Fraud Charges in New Jersey

If you are accused of illegally obtaining prescription drugs in NJ, you may face charges including:

• Forgery – Altering or creating a fake prescription
• Theft – Stealing blank prescription pads or someone else’s medication
• Fraud – Doctor shopping, using false information, deception
• Possession – Possessing illegal amounts of prescription drugs

Prosecutors may also charge conspiracy if multiple people were involved in a prescription fraud scheme. The potential penalties depend on the specific charges.

Penalties for Prescription Fraud in NJ

Prescription fraud crimes in New Jersey are categorized from third to first degree offenses. This determines the potential sentencing if convicted:

• 3rd Degree – 3-5 years in prison, up to $25,000 fine
• 2nd Degree – 5-10 years in prison, up to $150,000 fine
• 1st Degree – 10-20 years in prison, up to $200,000 fine

In addition to incarceration and fines, penalties may also include probation, drug counseling, community service, loss of certain licenses, and restitution.

Defenses for Prescription Fraud Charges

There are several legal defenses that a knowledgeable attorney may use to fight prescription fraud accusations, including:

• Lack of intent – Argue you never intended to break the law or deceive anyone.
• Misidentification – Mistaken identity – argue you are the wrong suspect.
• Entrapment – Law enforcement induced you to commit the crime.
• Unlawful search – Evidence was obtained illegally in violation of your rights.
• Medical necessity – You desperately needed the medication for a legitimate health condition.

An experienced criminal defense lawyer can evaluate the details of your case and decide the best defense strategy to pursue.

Outcomes of Prescription Fraud Cases

There are several potential outcomes if you are charged with prescription fraud in New Jersey:

• Plea Bargain – Plead guilty in exchange for reduced charges or lighter sentencing.
• Diversion Program – Complete rehabilitation, avoid conviction.
• Trial – Fight the charges at trial in hopes of an acquittal.
• Dismissal – Prosecutors may drop charges if evidence is weak.

An experienced prescription fraud lawyer can guide you through the legal process and negotiate the most favorable resolution. But do not delay – these are serious charges that require an aggressive defense.

Finding a NJ Prescription Fraud Lawyer

Being charged with illegally obtaining prescription drugs can jeopardize your future. It is critical to have an experienced New Jersey prescription fraud defense attorney on your side.

When choosing a lawyer, look for someone with extensive experience handling prescription drug cases in NJ. Understand the specific laws and penalties, as well as how prosecutors typically handle these cases. Find someone who will thoroughly examine the evidence against you and build the strongest defense.

Do not leave your fate in the hands of just anyone – prescription fraud charges must be taken seriously. A knowledgeable lawyer can make all the difference.

Prescription fraud penalties in New Jersey can be severe. Work with an aggressive lawyer to protect your rights and future.