The Consequences of Prescription Forgery in California
What is Prescription Forgery?
Prescription forgery involves altering, creating, or signing a fake prescription in order to obtain prescription drugs illegally. Common examples include:
- Stealing prescription pads from a doctor’s office and writing fraudulent prescriptions
- Digitally altering a legitimate prescription to allow more refills or higher doses of medication
- Creating fake prescription pads or blank prescriptions on a computer to obtain drugs
- Forging a doctor’s signature on a prescription
In California, prescription forgery can lead to criminal charges under two main laws:
- California Health and Safety Code Section 11368 – Applies when someone attempts to obtain narcotic drugs through a forged prescription
- California Business and Professions Code Section 4324 – Covers the forgery of any prescription, narcotic or not
Prosecutors can decide whether to charge prescription forgery under the Health and Safety Code or Business and Professions Code depending on the type of drug involved. Both charges can potentially lead to felony convictions.
Penalties for Prescription Forgery in California
The potential penalties for prescription forgery depend on a few key factors:
- Whether the charge is filed as a misdemeanor or felony
- The defendant’s criminal history
- The type of drug involved
- The number of fraudulent prescriptions
Misdemeanor vs. Felony Charges
Most prescription forgery charges are “wobblers” under California law, meaning prosecutors have discretion to file them as misdemeanors or felonies depending on the circumstances. Factors considered include:
- The defendant’s prior record
- If weapons or violence were involved
- The number and type of fraudulent prescriptions
Defendants with no criminal history are more likely to face misdemeanor charges. However, the offense can be filed as a felony if the allegations are more serious.
Potential Penalties
If convicted of misdemeanor prescription forgery, potential penalties include:
- Up to 1 year in county jail
- Fines up to $1,000
- Informal probation
Felony convictions can lead to:
- 16 months, 2 years or 3 years in state prison
- Up to $10,000 in fines
- Formal probation supervision
Probation terms may require drug counseling or treatment programs. Defendants may also face suspension or revocation of their professional license if convicted.
Related Offenses
In addition to direct prescription forgery charges, prosecutors may also charge defendants with other related crimes such as:
- Possession of a controlled substance – If found in possession of medications obtained through fraudulent prescriptions
- Identity theft – For using someone else’s name or insurance information on fake prescriptions
- Insurance fraud – For billing health insurance companies for drugs obtained illegally
These additional charges can further increase potential penalties defendants may face if convicted.
Impact of a Prescription Forgery Conviction
Beyond potential jail or prison time, a conviction for prescription forgery can negatively impact a person’s life in many ways:
- Difficulty finding employment, especially in healthcare fields
- Barred from obtaining certain professional licenses
- Loss of reputation and standing in the community
- Higher insurance rates
- Loss of civil rights, like voting and gun ownership (for felony convictions)
The consequences can be severe and long lasting. That’s why it’s critical to retain an experienced criminal defense attorney if facing forgery allegations.
Finding the Right Lawyer for Your Case
Don’t leave your fate in the hands of an inexperienced lawyer. Prescription forgery charges require an attorney well-versed in California drug crime laws and penalties. Key credentials to look for include:
- 10+ years handling complex drug cases
- Past experience achieving charge reductions and dismissals for forgery clients
- Knowledge of medical and pharmacy procedures and regulations
- Skill at developing defense strategies based on the unique facts of your case
Additionally, consider lawyers who offer free case evaluations, respond promptly to inquiries, clearly explain legal options, and make you feel comfortable and supported.
Facing prescription forgery charges can be an extremely stressful and frightening experience. But an accomplished lawyer can help guide you through the complex criminal justice system while seeking the most favorable outcome possible. Don’t leave this solely to chance – let an expert build your defense today.
The Bottom Line on Prescription Forgery Penalties
Prescription forgery is a serious offense that can potentially lead to years behind bars along with major disruptions to a defendant’s personal and professional life after a conviction. While penalties ultimately depend on prosecutors’ charging decisions and judges’ sentences, all defendants need experienced legal help when accused of such a crime.
An attorney well-versed in California’s prescription fraud laws can thoroughly assess your case while advising you of possible defenses and penalty ranges. They can also negotiate firmly with prosecutors in pursuit of reduced charges or alternate sentencing programs in appropriate cases.
Don’t wait and hope for the best if you or a loved one are facing allegations of prescription forgery – get an expert on your side immediately. The consequences of simply pleading guilty without exploring all options are far too great. Protect yourself with strong legal counsel today.