Prescription Drug Fraud Defense Attorney in California
Accused of Prescription Drug Fraud? Your Strongest Defense Starts Here
If detectives have knocked on your door asking questions about prescription drug fraud, you already know how quickly a routine refill can turn into a frightening fraud case. California’s law enforcement agencies – and increasingly, the Drug Enforcement Administration (DEA) – aggressively investigate fraud charges involving painkillers like oxycodone and hydrocodone, ADHD medications, and even anti-anxiety pills. A single allegation of doctor shopping or a forged prescription pad can snowball into felony criminal charges that threaten your license, your career, and your freedom.
Our law firm has one mission – to protect the rights of clients who are facing prescription fraud accusations. The sooner you hire an experienced criminal defense attorney, the more options we have to safeguard your future, whether that means attacking the stop that led to a search, negotiating a treatment-based resolution, or dismantling the state’s evidence at trial.
Ready to speak with a prescription drug fraud attorney? Contact us now at (888) 702-8845 or contact us online.
- 1. What Is Prescription Drug Fraud Under California Law?
- 2. Common Examples of Fraudulent Prescription Activity
- 3. Common Charges: Possession With Intent to Distribute
- 4. Penalties for Prescription Drug Offenses in California
- 5. Misdemeanor vs. Felony Charges
- 6. Jail Time, Fines, and Probation Terms
- 7. Defending Against Prescription Drug Charges
- 8. Illegal Search and Seizure
- 9. Why Choose Our California Drug Crime Attorneys?
What Is Prescription Drug Fraud Under California Law?
California treats any deceitful scheme to obtain a controlled substance without a valid prescription as fraud. That covers violations of Health & Safety Code § 11173, § 11153, and related Penal Code sections, plus overlapping federal statutes like the Controlled Substances Act. In short, it is illegal to knowingly lie, forge, or misrepresent facts to acquire or distribute prescription medication. Prosecutors can – and often do – pursue both state and federal prescription drug fraud charges when the alleged conduct crosses pharmacy lines or involves Medicare/Medicaid billing.
Common Examples of Fraudulent Prescription Activity
- Doctor shopping – visiting multiple doctors to obtain multiple prescriptions for the same medication.
- Presenting forged prescriptions at a pharmacy
- Impersonating medical professionals or using stolen DEA numbers to call in refills
- Employees in medical offices are altering patient charts to divert prescription drugs.
- Illegal distribution: selling pills, trading them for cash, or delivering them to friends without a legitimate medical need
- Submitting fraudulent Medicare or Medicaid claims for reimbursed prescription medication
Because fraud occurs in so many forms, any suspicious paper trail – extra refills, unusual dosages, altered dates – can trigger a criminal investigation. If the DEA or state agents believe you intended to sell, furnish, or illegally transfer a controlled substance, they move fast.
Common Charges: Possession With Intent to Distribute
In addition to fraud counts, clients often face possession with intent to distribute, a controlled substance offense carrying steep penalties. Under California law, the state must prove three key elements:
- Possession – Actual or constructive control over the medication (for instance, pills in your bag or locked in your desk).
- Knowledge – You knew the substance was a prescription-controlled substance.
- Intent to distribute – Evidence shows an intent to sell or unlawfully give away the medication rather than keep it for personal treatment.
Penalties for Prescription Drug Offenses in California
Misdemeanor vs. Felony Charges
Many prescription drug offense cases can be filed as either a misdemeanor or felony, depending on pill quantity, prior record, and whether there was intent to distribute. A misplaced single bottle with a valid prescription sticker torn off might be a misdemeanor; a stash of unlabeled bottles plus forged scripts invites felony charges.
Jail Time, Fines, and Probation Terms
- Misdemeanor: Up to one year in county jail and a fine up to $1,000, plus summary probation.
- Felony: 16 months, two, or three years in state prison, and fines up to $20,000.
Aggravating factors – large quantities, forged identities, involvement of minors, prior fraudulent convictions – can spark harsher sentencing or federal prosecutors stepping in. Beyond incarceration, judges can order restitution, mandatory treatment, and bar you from working in pharmacy environments.
Defending Against Prescription Drug Charges
Every successful defense begins with a deep dive into how the investigation started: Was a pharmacist confused by similar names? Did undercover agents pressure you into actions you wouldn’t have otherwise taken? We challenge:
- Entrapment – Clients induced by undercover officers posing as patients or suppliers.
- Lack of intent – Honest dosage mistakes or misunderstandings over refills.
- Prescription monitoring programs errors – databases occasionally flag legitimate refills as duplicates.
Illegal Search and Seizure
Many cases collapse when we show police seized bottles or computer records without a warrant or valid exception. A violated Fourth Amendment right means the court must suppress that evidence, often gutting the prosecution’s theory. When law-enforcement officers rifled through desk drawers or a glove box without probable cause, your fraud lawyer can file a suppression motion and push for dismissal.
Why Choose Our California Drug Crime Attorneys?
- Experienced criminal defense: We’ve handled white-collar fraud involving insurance, Medicare, and Medicaid, plus street-level pill swaps.
- Federal criminal defense savvy: When federal law enforcement or federal prosecutors join the case, we pivot seamlessly to fight serious federal offense counts.
- Tailored defense strategies: Whether your case involves illegal distribution, doctor shopping, or alleged conspiracy, we craft defenses focused on dismissal, reduction, or alternative sentencing.
- Dedicated to protecting medical licenses: Nurses, doctors, and pharmacists count on us to safeguard careers even while we tackle the criminal law side.
- Free consultation: We will review prescriptions, DEA-form records, and pharmacy logs at no cost and outline a path to the best possible outcome.
Schedule a free consultation today to protect your future. One call could make the difference between a crippling felony record and a manageable resolution – possibly even a dismissal.
Contact us at (888) 702-8845 today to schedule your confidential meeting with a seasoned prescription fraud lawyer committed to protecting the rights of every client.
Ready to speak with a prescription drug fraud attorney? Contact us now at (888) 702-8845 or contact us online.