Forging or Altering a Prescription in California

Prescription drugs play a vital role in managing health conditions, but they can also be misused and abused. California law takes a strong stance against prescription fraud, including forging or altering prescriptions. These actions not only endanger public health but also carry severe legal consequences. At KAASS LAW, we understand the complexities of prescription drug laws and are committed to providing accurate legal information and representation. The following will explore the legal ramifications of forging or altering a prescription in California, outlining the potential charges, penalties, and defenses.

Forging or Altering a Prescription in California

Under California Business and Professions Code Section 4324 it is illegal to forge or alter a prescription, or possess drugs acquired through a false prescription. It is a crime in California to forge a prescription or make an attempt to gain possession of prescription drugs. However, in case a person actually got medication as a result of forging a prescription, he will be also liable under Business & Professions Code Section 4324(b). A person can be convicted of both offenses i.e. forging the prescription and obtaining the medication through false prescription.

To Be Convicted of California Business and Professions Code 4324 Forging or Altering a Prescription Prosecution Must Prove

The prosecution must prove the following elements to convict the defendant of forging or altering a prescription:

• defendant falsely made, forged altered, or counterfeited a prescription;
• gave another person a forged or fictitious signature;
• used or attempted to use with a forged or fictitious signature; and/or
• The defendant committed that act with the intent to defraud

Forging a Prescription

Prescription forgery is the use of a falsified prescription for purchasing drugs illegally. Forging or altering a prescription is making, publishing, uttering, passing, or attempting to pass a prescription for drugs or possessing drugs acquired by a false prescription. Attempting to transfer another person a falsified prescription, even if you didn’t actually write it, is also a crime.

What is Considered to be a Prescription?

Prescription is an instruction to provide drugs, either by phone, through writing, or through electronic communications (i.e., facsimile).  Generally, a valid prescription must include the following information:

• Patient’s name
• Name and quantity of prescribed drug
• Directions on how to use the drug
• Date of issue
• Contact information of doctor or prescriber
• Doctor’s or prescriber’s signature

The Term “Drug” Under Business and Professions Code Section 4025

The term “drug” under California Business and Professions Code Section 4025 include:

• prescription drugs;
• veterinary drugs; and
• drugs without a prescription.

“Uttering” Under Business & Professions Code Section 4324

The defendant is guilty of falsely uttering a prescription in situations where the defendant:

• Used or attempted to use a forged drug prescription; and/or
• Conveyed or indicated through his words or conduct that the prescription was genuine

Defenses to Forged Prescription B&P Code 4324

Some common defenses to charges related to forged prescriptions

• The defendant had the authority to sign the prescription;
• Defendant did not forge or alter the prescription;
• Defendant did not use the forged prescription; and/or
• The defendant isn’t aware the prescription is under forgery

The penalties for violating California Business and Professions Code Section 4324

Business and Professions Code section 4324 forging or altering a prescription is considered a “wobbler offense”. As such, the offense can be charged as either a misdemeanor or a felony, depending on the defendant’s criminal history, as well as other factors.

The penalties for a Misdemeanor Business and Professions Code 4324 Conviction

Penalties for misdemeanor Business and Professions Code 4324 conviction include:

• Up to one year in county jail;
• A fine of up to $1,000; and/or
• Misdemeanor probation

The penalties for a Felony Business and Professions Code 4324 Conviction

Penalties for felony Business and Professions Code 4324 conviction include:

• 16 months, two or three years in county jail;
• A fine of up to $10,000; and/or
• Felony probation;

Furthermore, additional penalties a defendant can face include the following:

• Community service or labor;
• Permanent firearm restriction; and/or
• Immigration consequences;

The Importance of Legal Representation

If you’re facing charges for prescription fraud, it’s crucial to have experienced legal representation. A skilled criminal defense attorney can:

• Investigate the charges: Thoroughly investigate the circumstances of the alleged offense and gather evidence to support your defense.
• Challenge the evidence: Challenge the admissibility of any evidence as illegal or is unreliable.
• Negotiate with the prosecution: Negotiate with the prosecution to seek a reduction or dismissal of the charges.
• Represent you in court: Provide a strong defense in court and protect your rights throughout the legal process.

KAASS LAW: Your Defense Against Prescription Fraud Charges

At KAASS LAW, we understand the serious consequences of prescription fraud charges. Our  attorneys dedicate to protecting your rights and fighting for the best possible outcome in your case. If you are under accusation with forging or altering prespeciptions, contact us today for a free consultation. We’ll review your case, explain your legal options, and develop a strong defense strategy to protect your future. Moreover, any matters involving a wrongful death due to prescription drugs, please contact us today.

Forging or Altering a Prescription in California Video