Prescription drug abuse has been on the rise for years, and law enforcement agencies in California are cracking down hard—not just on street dealers, but also on everyday people who may find themselves accused of prescription fraud. Whether you’re a patient seeking medication or a medical professional under scrutiny, being charged with fraudulently obtaining prescription drugs is a serious matter with far-reaching consequences.
At Law Office of Michael L. Fell, we defend individuals across Southern California who are facing prescription drug-related charges. If you're being accused of forging prescriptions, “doctor shopping,” or possessing medication that wasn't legally prescribed to you, here’s what you need to know—and how we can help.
What Is Prescription Fraud?
Prescription fraud involves illegally obtaining prescription medications through deceit or misrepresentation. California law prohibits the possession, distribution, or acquisition of controlled substances without a valid prescription. When fraud is involved, the penalties increase significantly.
Common examples of prescription fraud include:
- Doctor shopping: Visiting multiple doctors to obtain prescriptions for the same medication without disclosing your other prescriptions
- Forging or altering prescriptions: Changing dosage amounts or refilling details, or writing fake prescriptions using a stolen prescription pad
- Impersonating medical personnel: Calling pharmacies while pretending to be a doctor or healthcare provider
- Using someone else’s prescription: Filling or possessing a prescription not intended for you
These acts are typically prosecuted under California Health & Safety Code § 11173 and Business & Professions Code § 4324—both of which can lead to felony charges.
Prescription Fraud Isn’t Just a “User” Crime
One of the most misunderstood aspects of prescription fraud is who gets charged. It’s not just people with addiction issues. Charges are commonly filed against:
- Patients with legitimate medical needs who made a poor decision
- Family members filling prescriptions for others
- Medical staff or pharmacists who misuse their access to prescription systems
- People using others' insurance or ID to fill medications
- Individuals struggling with pain management who feel they have no other option
The law doesn’t make exceptions for desperate circumstances—but a skilled defense attorney can often humanize your situation and fight for a fair outcome.
Potential Penalties in California
Prescription fraud can be charged as a misdemeanor or felony, depending on the details of the case and your criminal history. Penalties may include:
- Misdemeanor: Up to 1 year in county jail, fines up to $1,000
- Felony: 16 months to 3 years in prison, fines up to $10,000
- Probation and mandatory drug treatment programs
- A criminal record that can affect employment, professional licensing, and more
Additionally, if you’re a licensed professional (doctor, nurse, pharmacist, etc.), a conviction could lead to disciplinary action or loss of your license.
Possible Defenses to Prescription Fraud Charges
Every case is different, and the right defense depends on your unique situation. At Law Office of Michael L. Fell, we examine the facts closely and look for weaknesses in the prosecution’s case. Common defenses include:
- Lack of intent: You didn’t knowingly commit fraud or were unaware of a duplicate prescription
- Entrapment: Law enforcement may have induced you to commit the crime
- Mistake of fact: You believed the prescription was valid or filled correctly
- Insufficient evidence: The state cannot prove that fraud actually occurred
In some cases, especially for first-time offenders, we can negotiate alternative sentencing options such as diversion programs or drug treatment in lieu of jail time.
Don’t Face Prescription Fraud Charges Alone
Being accused of prescription fraud can be frightening and humiliating, especially if your actions were tied to pain, stress, or medical need. But you don’t have to face it alone. A conviction can derail your future, but an experienced attorney can help protect your rights and work toward a second chance.
If you're facing prescription fraud charges in Southern California, call Law Office of Michael L. Fell at (949) 585-9055 today for a confidential consultation. We’ll review your case, explain your options, and fight to get you the best possible outcome—because one mistake shouldn’t define your future.