The rise of the opioid crisis has led to various unintended actions by individuals, pushing the boundaries of the law to satiate their needs. Among these actions is the forgery or alteration of prescriptions, a maneuver that many believe can bypass the stringent pharmaceutical rules. However, in California, the legal system is quite strict when it comes to such acts.
Read on to learn more about this particular type of drug crime. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation to learn more.
California’s Stance on Prescription Forgery
In light of the increasing dependency on opioids and their related prescriptions, California has set forth clear guidelines on what constitutes prescription fraud. Simply put, any act that involves stealing, forging, or altering a prescription, especially for narcotics, is deemed illegal. Whether it’s a desperate attempt by an individual using a stolen prescription pad to self-prescribe Xanax or any other narcotic, they could find themselves facing criminal charges.
Many might wonder about the category of drugs that fall under the narcotic umbrella. These include, but are not limited to, medications such as morphine, codeine, fentanyl, and demerol. Any unauthorized acts associated with prescriptions of these medications can lead to serious repercussions.
Potential Legal Repercussions
The severity of the charges for forging or altering prescriptions largely depends on the nature of the act and the person’s prior criminal records. The prosecutors hold the discretion to level the charges either as a misdemeanor or a felony.
If charged with a misdemeanor, the individual may face incarceration ranging from 6 months up to a year in county jail. This could be coupled with a fine that can go up to $1,000. Felony charges are more severe, with potential jail time spanning between 16 months to 3 years in a state prison. There’s a silver lining, though: in certain cases, the convicted might be granted probation. This usually comes with a mandate of drug counseling, treatment, and a strict rule against drug use.
To successfully convict someone under this charge, the prosecution must validate:
- The act of forging or manipulating the prescription;
- The drug in question is a recognized narcotic;
- Knowledge of the prescription’s illegitimacy if altered by someone else.
For those charged with possessing narcotics obtained via dubious prescriptions, the onus is on the prosecution to prove the individual’s knowledge about the drug, its narcotic nature, its usability, the drug’s illegitimate procurement, and the person’s awareness of the same.
Mounting a Defense
A seasoned attorney can employ several strategies to counteract these charges. Unawareness of the forgery, genuine belief in the prescription’s authenticity, or lack of knowledge about the drug’s procurement method can all be used as defense angles.
For anyone facing such charges, it’s imperative to consult a knowledgeable attorney, especially considering the dual threat of state and federal charges. Acquiring drugs through forged prescriptions is not just a state-level crime; it holds federal implications too. Although the federal stance usually targets large-scale prescription drug trafficking, it’s always wise to be prepared.
At Chambers Law Firm, our team is adept at handling varied drug-related offenses. Reach out to us at 714-760-4088 to benefit from our expertise and schedule a free initial consultation.
