It may be charged as a felony or a misdemeanor.
With the opioid epidemic in full swing across the country, it isn’t unusual for a person to find creative ways to fulfill their addiction. Because some prescription drugs are opioids, this may include forging or altering a prescription in order to obtain the drugs. For example, if a patient steals a prescription pad and then writes himself prescriptions for Xanax, he could be charged with a crime.
In California, it is against the law to forge or alter a prescription for narcotic drugs, use a prescription with a forged signature to obtain or try to obtain narcotic drugs, or to possess narcotic drugs which were obtained with a forged prescription. As a drug defense lawyer in Whittier, CA can explain, narcotic drugs include a wide range of medications, including morphine, codeine, fentanyl, or demerol.
Prosecutors have discretion in how they charge forging or altering a prescription. Depending on the facts of the case and an individual’s criminal history, it may be charged as either a misdemeanor or a felony. As a misdemeanor, it is punishable by between 6 months and 1 year in county jail, and/or a fine of up to $1,000. If it is charged as a felony, it is punishable by between 16 months and 3 years in California state prison. In some cases, you may be granted probation rather than being sentenced to incarceration. If that occurs, then drug counseling or treatment will most likely be a condition of your probation, along with a requirement that you not use drugs.
To convict a person of the crime of forging, altering or using a forged or altered prescription, a prosecutor must prove three elements:
You forged or altered a prescription, or gave someone a prescription that was altered or had a false or forged signature, or used a forged or altered prescription to obtain or attempt to obtain drugs; and
The prescription was for a narcotic drug; and
If another person forged or altered the prescription, you were aware of that fact.
For the charge of possession of a narcotic obtained through a forged or altered drug, a prosecutor must demonstrate that:
- You obtained or possessed a narcotic drug;
- You knew of the drug’s presence;
- You knew that the drug was a narcotic;
- The narcotic drug was in a usable amount;
- The narcotic drug was obtained through a forged, fake or altered prescription; and
- You knew that the drug was obtained in this manner.
A skilled drug defense lawyer in Whittier, CA can defend you against a charge involving forged or altered prescriptions in a number of ways. If you didn’t know that the prescription was altered or forged, that may be a defense. For example, if your friend asks you to pick up their prescription for them, and you do so without knowing that they changed the “6” to a “60” on the prescription, that is a defense to the charge. Alternatively, your attorney may argue that your prescription was legitimate or that you didn’t know that the drugs that you had or used were from a forged prescription.
If you have been charged with a crime related to forged or altered prescriptions, you will need an aggressive attorney to defend you. This is particularly true because obtaining controlled substances through a fake prescription is also a federal crime. While the federal government usually only charges individuals with this crime if they traffic in large amounts of prescription drugs, a skilled drug defense lawyer in Whittier, CA can develop a strategy to help you avoid federal drug charges.
At the Chambers Law Firm, we have significant experience representing individuals who have been charged with a range of drug-related crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
