When obtaining medication for an illness, you need a valid medical prescription administered by authorized medical staff. You also need a valid prescription to buy medicine from a pharmacy. Drug prescriptions are subject to strict guidelines revolving around drug abuse and addiction. California law states that only individuals with legitimate prescriptions can buy medications. It is a crime to possess prescription medications without a valid prescription. It is also illegal to obtain medications with a forged or altered prescription. Forging or altering a prescription is a severe crime that could attract fines or even a jail term. If you are charged with forging or altering a prescription in Fresno, the California Criminal Lawyer Group can help you create a convincing defense strategy to fight your charges.

Forging or Altering a Prescription Under California Law

It is a crime under California Health and Safety Code 11368 to:

  • Issue, alter, forge, or utter an altered prescription for a narcotic drug.
  • Utter or issue a narcotic drug prescription bearing a fictitious or forged signature.
  • Possess or secure a narcotic drug as the result of a fictitious, altered, or forged prescription.

According to HSC 11019, a ‘’narcotic drug’’ could include the following:

  • Coca and cocaine leaf derivatives.
  • Opiates.
  • Certain drugs that addicts abuse.

The drugs that meet the above definition could include but are not limited to acetyl fentanyl, fentanyl, cocaine, Demerol, codeine, morphine, opium, cocaine, and heroin.

The Meaning of a Prescription

A prescription is defined under HSC 11027 as an order for a controlled substance that a prescriber gives you directly or to a furnisher like a pharmacy:

  • Through electronic transmission.
  • In writing, or
  • Orally.

Uttering a Prescription

You can "utter" a prescription when:

  • You attempt to use, or you use, an altered or forged prescription.
  • You represent via conduct or words that the prescription is genuine.

Possessing a Narcotic Drug

According to California law, there are three main types of possession:

  • Actual possession.
  • Constructive possession.
  • Joint possession.

If you touch, hold, or have immediate access to a drug, you are in actual possession. This can mean the drug is in something you are wearing, holding, or somewhere on your body.

On the other hand, if you have the right to control a drug, even if you cannot access it immediately, then you are in constructive possession. In this case, the drug could be in your vehicle, office, house, or even in the care of another person. You could have constructive possession of a narcotic drug through someone else, legally referred to as an agent. However, you do not have control over a drug by merely accepting to purchase it. You or another person acting on your behalf must exert the right to control it or take possession in another way.

Joint possession of a drug could involve two or more people who share actual or constructive possession of narcotic drugs.

Elements Of The Crime

Some of the elements of the HSC 11368 crime include:

You Forged, Altered, Or Used A Forged Prescription

If the prosecutor accuses you of forging, altering, or using a forged or altered prescription, HSC 11368 requires proof of the following elements:

  • You forged, altered, used, or gave another person a prescription that was forged or altered.
  • The prescription was for a narcotic drug.
  • You were aware that the prescription was forged or altered.

You Possessed Narcotics That You Secured With a False Prescription

The prosecutor must prove the following elements to accuse you of possessing narcotics secured through a false prescription:

  • You possessed or secured a narcotic.
  • You were aware of its presence.
  • You were aware of the substance’s character or nature as a narcotic.
  • The drug was in a usable quantity.
  • You secured the drug through fictitious, forged, or altered prescription.
  • You were aware that the drug was secured using a fictitious, forged, or altered prescription.

You can only face charges if you possess a usable quantity of narcotics. The drug you possess does not have to be sufficient to make you high. Also, you do not need to know the name of the medication you obtained or even the work it does. The court considers whether you knew that the substance you possessed was a narcotic drug.

You Were Aware

If the prosecutor claims that you were aware that you obtained a narcotic through a forged or altered prescription, the prosecutor must prove the following:

  • Evidence of previous similar offenses.
  • Your statements or admissions to the police.
  • Circumstantial evidence.
  • Your admissions or statements to witnesses.

Penalties For Violating HSC 11368

It is a severe crime under HSC 11368 to forge or alter a medical prescription. The judge could charge you with a misdemeanor or a felony based on the facts of your case and your criminal background. The judge will likely take a more liberal approach if you are a first-time offender. You could face misdemeanor charges if this is your first time violating HSC 11368. The judge will also consider the type of drug you want to buy using the forged or altered prescription. Judges also consider the level of harm, if any, that the medicine could cause.

Your intentions could influence the judge’s decision. The judge will take into account what you intended to use the illegally obtained drug for, including:

  • If it was for an illegal transaction.
  • For personal use because you are struggling with an addiction.

Securing a controlled substance for sale is a serious crime that could attract felony charges.

If the judge convicts you of a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $1000.
  • Summary or misdemeanor probation.
  • A jail term that does not exceed one year in a county jail.

If the judge convicts you of a felony, you could face the following penalties:

  • Formal or felony probation.
  • A jail term of 16 months, two years, or three years in a state prison.
  • A fine that does not exceed $10,000.

If the judge grants you probation, you will serve all or part of your sentence without imprisonment. With probation, you can live with your family, work, and earn a living following a conviction. Misdemeanor probation lasts three years, while felony probation takes up to five years.

The judge could impose probationary conditions that you must comply with during probation. Some of the potential conditions include:

  • Completion of community service.
  • Consenting to random drug testing and searches of your person and property at any time during the probationary term.
  • You must receive drug treatment and individual or group counseling for the duration specified by the judge.
  • Avoid committing any other offense while on probation.
  • You must submit regular progress reports to the court if you are on probation for a misdemeanor. You must regularly report to a probation officer if you are on felony probation. The reports help the court evaluate your performance while on probation.

Defenses to HSC 11368 Charges

You mitigate the outcome of forging or altering a prescription charge by challenging the accusations in court. It is easier to put up a defense when you seek the services of a skilled and competent criminal defense attorney. Experienced attorneys have several defense strategies they can use to persuade the judge to reduce or dismiss your charges. Some of the defenses you or your attorney can present include:

False Allegations

Someone can accuse you of an offense you did not commit. People make false allegations against other people with a variety of motives. Another person can accuse you falsely due to jealousy, retaliation, or to gain an unfair advantage over you. Your attorney will help you gather strong evidence if you are falsely accused of a crime you did not commit. For example, your attorney can present evidence to show that you are being used as a scapegoat. Your attorney can also provide evidence that could weaken the prosecutor’s case. The court can dismiss the charges against you if the prosecutor fails to prove all your charges beyond a reasonable doubt.

You Were Coerced to Confess

Many white-collar crimes do not leave any proof of the defendant’s acts. The lack of visible proof makes it hard for law enforcement to conduct proper investigations and arrest the perpetrators. Law enforcement uses various means to gather evidence. For example, a law enforcement officer can go undercover to secure a confession or investigate an offense. Unfortunately, law enforcement could use intimidation, violence, or hostility to obtain evidence. The police are prohibited by law from gathering evidence using unethical means. If you can prove that the police forced you to confess to the crime, the court could dismiss any evidence collected through coercion. If this happens, the prosecutor could remain without sufficient evidence to secure a guilty conviction against you.

You are Authorized to Prescribe

Licensed professionals can write prescriptions and give them to deserving individuals without breaching the law. If you have this authorization, you are not guilty under HSC 11368. However, medical professionals do not require a license to write and dispense prescriptions because their job descriptions include it. You must provide evidence in court showing that you are authorized to write patient prescriptions as part of your work duties. You can also alter a previous prescription if you are allowed to write prescriptions.

You Have An Addiction

If you depend on prescription medication, you can use this defense strategy to convince the court to impose a lesser sentence if you are guilty. However, a doctor must confirm your dependency on the said drug. You must also provide evidence that you are willing to receive drug treatment and therapy to overcome your addiction.

If the judge rules in your favor, he/she can impose probation instead of jail time. The judge can also order you to complete an individual or group counseling program and undergo mandatory drug treatment while on probation. You must also consent to random searches and seizures to ensure that you take the necessary measures to break free from the addiction. You could be re-arrested and sentenced if you violate any probationary requirements.

Your Attorney Can File a Motion to Suppress Evidence

Your attorney can also use this defense strategy to challenge HSC 11368's allegations against you. This defense involves filing a petition to suppress all or some of the evidence if the prosecutor has substantial evidence against you. If your attorney convinces the judge, the court could reduce or dismiss the charges against you.

For example, your attorney could allege you are an illegal search and seizure victim. It is unlawful for law enforcement to conduct illegal searches and seizures to gather evidence against a suspect. Before searching, the officers must have a legitimate search warrant. The warrant indicates when the search should commence and end. Conducting a search and seizure without a valid warrant is a crime. Conducting an investigation that exceeds the parameters of the search warrant is also a crime. Any evidence obtained through an unlawful search and seizure could be excluded from the evidence against you.

The prosecutor will likely oppose the motion and persuade the judge to accept all the evidence gathered against you. However, the judge has the final say concerning the evidence allowed or inadmissible in court. The judge can remove all the evidence gathered illegally, remove specific proof, and accept the rest. The judge can dismiss the charges against you if there is insufficient evidence to convict you.

Your attorney can also submit a motion to suppress evidence if you did not know that you were not allowed to write prescriptions. Not all medical experts have the authority to write prescriptions. If you convince the judge that you assumed you had the authority to prescribe medication, you cannot face charges for forging or altering a prescription.

Federal Statutes That Govern Narcotic Prescription

The Federal Controlled Substances Act – 21 USC 843

It is a crime under 21 USC 843(a)(3) for any person to acquire or gain possession of a controlled substance through subterfuge, deception, forgery, fraud, or misrepresentation. The federal government gives local police agencies authority to enforce minor violations of drug laws. Federal law, however, is enacted to pursue the following individuals:

  • Drug traffickers who handle large amounts of drugs secured through forged prescriptions.
  • Medical professionals who write large quantities of false prescriptions.

The federal statute also governs the following federally owned areas:

  • National parks.
  • Federal courthouses.
  • Federal buildings, and
  • Post offices.

Judges treat a violation of 21 USC 843 as a felony. You could face a jail term that does not exceed four years in federal prison for a first-time offense. For a subsequent conviction, you could face the following penalties:

  • A fine that does not exceed $250,000.
  • A jail term that does not exceed eight years in a federal prison.

Narcotic Drug Crimes And Immigration

If you commit a narcotic drug crime, law enforcement officials could inform U.S. Immigration and Customs Enforcement if the following is true:

  • The police believe you are not a U.S. citizen.
  • You are arrested for violating HSC 11368.

You could be deported even for attempting to violate any statute related to narcotic drugs.

Related Offenses

Some of the offenses that could be charged alongside HSC 11368 include:

Doctor Shopping Or Prescription Fraud – HSC 11173

It is an offense under HSC 11173 to use deception or fraud to secure a controlled substance through a prescription. You could also violate this law if you secure a controlled substance or a prescription through:

  • The concealment of a material fact, or
  • Misrepresentation, deceit, or fraud.

A violation of HSC 11173 is a wobbler. In this case, you could face misdemeanor or felony charges. Misdemeanor charges attract the following penalties:

  • A fine that does not exceed $1,000.
  • A jail term that does not exceed one year in a county jail.

If the judge convicts you of a felony, you could face the following penalties:

  • A fine that does not exceed $20,000.
  • A jail term that does not exceed three years in a county jail.

However, you could challenge your HSC 11173 charges by presenting the following defenses:

  • The police coerced you to confess the crime.
  • You are a victim of police entrapment.
  • No fraud.

Possession Of A Controlled Substance – HSC 11350

It is an offense under HSC 11350 to illegally possess a controlled substance. According to the United States Controlled Substances Act, a controlled substance can include lawful and unlawful prescription drugs. If the prosecutor accuses you of possessing a controlled substance, he/she must prove the following elements:

  • You possessed a controlled substance.
  • You had no prescription for the substance in question.
  • You knew of the drug's presence.
  • You knew the drug's character or nature as a controlled substance.
  • The drug was in a usable quantity.

A violation of HSC 11350 is a misdemeanor. Misdemeanor charges could attract a fine that does not exceed $1,000. You could also face a jail term that does not exceed one year in a county jail.

However, certain circumstances could cause a violation of HSC 11350 to be charged as a felony. The factors include a prior conviction of a serious felony or a sex offense. A felony charge could attract a jail term that does not exceed three years in a county jail. You can qualify for a drug diversion program in some unlawful possession cases. You can serve your sentence in a drug treatment program if you committed a non-violent drug possession crime instead of in jail or prison.

The defenses you could raise to contest your HSC 11350 charges could include the following:

  • You are a victim of illegal search and seizure.
  • You had a valid, written prescription for a controlled substance from a licensed medical expert.
  • No possession.
  • You are falsely accused.
  • The police coerced you to confess to the crime.

Forging Or Altering A Prescription – Business and Professions Code 4324 BP

It is a crime under BP 4324 to forge or alter a prescription. According to this law, signing another person's name on a drug prescription is also an offense.

A violation of BP 4324 is a wobbler. The judge could convict you of a misdemeanor or a felony, depending on your criminal record and the facts of your case. A misdemeanor conviction attracts a fine of $1000 or a jail term of up to one year in a county jail. Felony charges, on the other hand, attract a penalty of up to $10,000 or a jail term of 16 months, two years, or three years in a county jail.

You could fight the BP 4324 charges by raising the following defenses:

  • Someone in the doctor's office made a mistake.
  • Another person made a call using your phone.
  • The call was not from your phone.
  • The signature on the prescription was not yours.

Prescribing Controlled Substances To An Addict – HSC 11156

According to HSC 11156, it is an offense for a doctor to administer, dispense, or prescribe controlled substances to a drug addict. The judges always charge a violation of HSC 11156 as a wobbler. In this case, you could face misdemeanor or felony charges. Misdemeanor charges attract the following penalties:

  • A fine of $20,000.
  • One-year jail term in a county jail.
  • Summary probation.

Felony charges attract the following penalties:

  • A fine of up to $20,000.
  • Three years jail term.
  • Felony probation.

You could raise the following defenses to challenge your HSC 11156 charges:

  • Entrapment.
  • The victim is not an addict.
  • Mistake of fact.

Find a Criminal Defense Attorney Near Me

If the prosecutor accuses you of forging or altering a prescription, you must immediately consult a skilled and experienced criminal attorney. Judges are never lenient with offenders found guilty of this crime. Understanding the legal implications of your case and the potential penalties can help you prepare a solid defense. An experienced attorney will help you navigate the intricate legal process. At the California Criminal Lawyer Group, we provide quality advice and legal assistance to clients facing criminal charges in Fresno. We will help you create a convincing defense to fight your charges. Call us at 559-712-8377 to speak to one of our attorneys.