Being charged with prescription fraud in Texas can come with serious repercussions, such as extensive fines and jail time. It can be challenging to understand the extent of prescription drug fraud charges as there are several different categories included in drug fraud that come with different types of penalties. Factors such as the type of fraud, the type of controlled substance, and the amount of the controlled substance will all impact these charges.
If you are facing charges involving prescription drug fraud, you need to hire a criminal defense attorney who can act as your advocate and help you get the best possible outcome. At The Law Offices of Keith G. Allen, PLLC, we are committed to defending our Brazoria County clients and ensuring their rights are upheld.
What Constitutes Prescription Fraud in Texas?
If you are facing prescription fraud charges in Brazoria County, Texas, it is essential that you understand what these charges constitute. Prescription drug fraud is quite straightforward as it is defined as the act of obtaining prescription medication through fraudulent actions. This is an illegal activity because it contributes to the potential abuse of addictive and dangerous medications.
Although prescription drug fraud is defined in a specific way, there are different types of prescription drug fraud that can result in slightly different penalties, including:
- Forgery: Purposefully altering an existing prescription or creating a fake prescription to obtain prescription drugs.
- Doctor shopping: Going to multiple doctors to obtain multiple prescriptions for the same medication.
- Theft: Stealing medication from pharmacies or healthcare facilities or stealing prescription pads to obtain prescription drugs.
- Impersonation: Impersonating a medical professional or doctor for the purpose of calling in or writing a prescription.
- Distributing: Delivering prescription drugs for any purpose other than a valid medical reason.
Drug Fraud Schedules
Another aspect of prescription fraud charges that can be confusing is the different drug Schedules. The Texas Health and Safety Code has divided controlled substances into various groups or Schedules that will often predict how extensive the penalties will be if the charges stick. Here are some examples of the different Schedules involved in prescription drug fraud cases:
- Schedule V: These are drugs that have the lowest potential for chemical dependency, including Motofen, Parepectolin, and Lyrica.
- Schedule IV: These drugs have a low to moderate potential for abuse and include things like Ambien, Xanax, Valium, and Soma.
- Schedule III: These drugs are moderately addictive and include things like ketamine, anabolic steroids, and testosterone.
- Schedule II: These are drugs that have a much higher risk of abuse and include cocaine, Adderall, oxycodone, and methamphetamine.
- Schedule one: These drugs have no actual medical purpose and are a significant risk for chemical dependency and include things like heroin, Peyote, Methylenedioxymethamphetamine, and Methaqualone.
If you are facing charges related to prescription drug fraud in Texas, you need to hire a prescription drug fraud lawyer right away. An attorney can help you understand what these charges mean and the potential penalties you could be facing.
Penalties For Prescription Drug Fraud
One of the main questions you probably have if you are facing prescription fraud in Texas is what the penalties could be for these charges. There are several different factors that can impact the type of penalties you may be facing but it is usually dependent on what Schedule a controlled substance is included in.
Prescription drug fraud charges involving a Schedule IV drug are classified as a class A misdemeanor, which can come with up to 12 months in jail and a fine of up to $4000. A prescription drug case involving a Schedule IV or III drug could be enhanced into a third-degree felony punishable by up to 10 years in prison with a fine of up to $10,000. For fraud cases involving a Schedule II or Schedule III substance, this could be a second-degree felony with penalties of up to 20 years in prison and a fine of up to $10,000.
Additionally, charges involving falsifying or forging a prescription are usually classified as a class B misdemeanor in Brazoria County, Texas. This is punishable by up to 180 days in jail with a fine of up to $2000. Previous convictions of prescription drug fraud can also elevate any of these charges, resulting in more severe penalties.
The intention of the offender will also be taken into consideration when the court is examining the charges and potential penalties. For instance, prescription drug fraud with the intention of selling the drugs to others could come with more significant penalties than if the offender simply wanted the drugs for themselves.
What to Do if You Are Facing Drug Fraud Charges
If you are being charged with drug fraud, the very first thing you need to do is hire a prescription drug fraud attorney in Brazoria County to represent you. A prescription fraud attorney will have experience in this area and can ensure your rights are upheld and protected throughout the process. They can also examine your case to better understand what defense strategies can help you get a lesser charge or have the charges dropped entirely.
You should also be very careful when speaking with law enforcement and utilize your right to remain silent. You do not want to accidentally incriminate yourself or provide law enforcement with information that can be used against you later on in court.
For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC
Prescription fraud in Texas is a serious offense that can come with life-altering consequences and a criminal record. Because there are many things that can impact the severity of these charges, it can be difficult to understand what your options are and what you should do next to protect yourself. At The Law Offices of Keith G. Allen, PLLC, we have handled thousands of criminal cases in Brazoria County, Texas. We will act as your advocates, finding the best possible defense strategy that can get you a desirable outcome. If you are looking for compassionate legal representation in Texas, contact us today at 832-230-0075 for a consultation.
