Prescription fraud occurs when an individual either illegally acquires a prescription for personal use or for profit. Prescription fraud can also occur when a physician writes a prescription for an individual when the medication isn’t needed. In California, prescription fraud can either be a misdemeanor or felony.
The prosecution must prove the defendant did the following;
Yes, changing the amount of the prescription is considered prescription fraud. The prosecution will have to show that the defendant counterfeited the prescription in addition to the above list.
The prosecution must prove different elements against a medical defendant such as:
The specific punishment depends on the defendant’s prior criminal history and the seriousness of the case. For example, a physician convicted of prescription fraud may be charged with a misdemeanor and face up to a year in county jail and/or a fine of up to $1,000.
However, a defendant who is not a physician may be charged with a felony and face up to 3 years in jail and/or a fine up to $10,000.
Yes, contact a criminal lawyer regarding your criminal charge. The attorney will determine the correct defense to use to fight the charge.
Last Modified: 06-09-2016 02:14 PM PDTLaw Library Disclaimer
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