Prescription Forgery: Penalties and Defense Strategies

Prescription Forgery: Penalties and Defense Strategies

Getting caught forging a prescription can lead to serious criminal charges and penalties. But there are legal defense strategies that may help reduce or even dismiss the charges. This article provides an overview of prescription forgery laws, typical penalties, and potential defenses to fight the allegations.

Laws on Prescription Forgery

Forging a prescription generally involves altering, creating, or signing a prescription without legal authority. Most states have laws specifically prohibiting prescription forgery and consider it a felony offense. For example, in California prescription forgery laws are covered under Health and Safety Code Section 11368.

Prosecutors may also charge defendants with general forgery under felony fraud statutes. Additional charges are possible too, such as obtaining controlled substances by fraud or deceit.

The elements required to prove prescription forgery typically include:

• The defendant altered, created, or signed a prescription
• They did so without proper legal authority
• They intended to defraud or deceive to obtain prescription drugs

Even possessing blank prescription forms illegally can lead to forgery charges in some circumstances.

Penalties for Prescription Forgery

Penalties vary based on the state and details of the offense. But prescription forgery convictions often carry:

• Felony charges
• Multi-year prison sentences
• Fines up to $10,000 or more
• Probation
• Restitution
• Loss of prescription privileges
• Permanent criminal record

Penalties tend to escalate for repeat offenders. The type and amount of controlled substances involved also play a role.

In California for example, Health and Safety Code 11368 makes prescription forgery punishable by 2, 3, or 5 years in state prison. Fines up to $150,000 are possible too.

Other consequences include reputational damage, loss of professional licenses, and harm to future employment prospects.

Defenses Against Prescription Forgery Charges

Several legal defenses may apply depending on the circumstances of the allegations:

Lack of Intent

Prosecutors must prove the defendant intended to defraud or deceive. For example, perhaps someone used the wrong prescription form by mistake. Or a doctor’s office employee altered records without criminal intent. Mistake of fact or lack of willful intent could refute charges.

Innocent Possession

Merely possessing a forged prescription does not always constitute forgery. For instance, someone may have taken prescription forms from a family member seeking help without realizing they were forged.

Duress

If the defendant forged a prescription under threat of harm, they may argue duress. Defendants could claim they felt coerced by abuse or violence.

False Accusations

The defense may challenge the evidence and witness testimony to undermine the prosecution’s version of events. For example, defendants may argue the prescriptions were legitimate and properly authorized.

Violation of Rights

The defense can allege police misconduct, flawed lab procedures, illegal searches, Miranda rights violations, and other constitutional issues to suppress evidence or have charges dismissed.

Consult a Criminal Defense Attorney

Prescription forgery allegations require skilled legal representation. An experienced criminal defense lawyer can carefully examine the evidence and identify any potential defenses. They will aggressively defend your rights at every stage of the process. Consider contacting a local attorney for a free consultation to discuss your best options. With an effective defense, charges may be reduced or dismissed.

Key Takeaways

• Prescription forgery often leads to felony charges and stiff penalties
• Various legal defenses may apply to fight the allegations
• An experienced criminal lawyer can protect your rights and build the strongest defense
• Charges could potentially be reduced or dismissed with an effective legal strategy

Dealing with prescription forgery charges can be overwhelming. But skilled legal counsel makes all the difference. Do not hesitate to contact a defense lawyer and explore your options. With the right approach, you can move forward and put the situation behind you.