People often disregard the severity of prescription drugs and assume that they cannot be part of a crime. The truth is that many prescription drugs are incredibly powerful and dangerous. If someone were to obtain prescription medication by fraudulent means, they may face criminal charges.
The penalties for charges for prescription drug fraud will vary depending on what kind of controlled substances are allegedly involved. Obtaining certain Schedule I and II narcotics by means of fraud may lead to serious felony charges and prison time of up to 15 years. Even less dangerous substances, such as Schedule IV and V controlled substances, may lead to serious fines and jail time. If you are accused of prescription drug fraud, contact a lawyer for help now.
Get a free, private legal evaluation from our Philadelphia criminal defense attorneys when you call Kenny, Burns & McGill at (215) 423-5500.
Possible Penalties for Prescription Drug Fraud in Pennsylvania?
Having prescription medication is not a crime if you get the medicine from a doctor. However, if you use fraud to obtain prescription medication, you may face serious charges, even if the medication came from a licensed dispenser.
Specific Controlled Substances
Different penalties apply to cases involving different controlled substances. If a defendant is charged with obtaining certain Schedule I or II narcotics through fraud, they may face felony charges. Not only that, but they may face up to 15 years in prison, a fine of up to $250,000, or both.
Other specific substances that do not fall into the above category may also lead to felony charges. However, the penalties may be different, and a convicted defendant faces up to 10 years in prison, a fine of up to $100,000, or both.
Schedule I, II, or III
Any other substances that are classified under Schedule I, II, or III, and not the specific substances or narcotics mentioned above, may lead to felony charges, too. These substances may be considered a bit less serious than those above, and a convicted defendant faces up to 5 years in prison, a fine of up to $15,000, or both.
Schedule IV or V
Fraudulently obtaining a prescription medication that is classified as a Schedule IV controlled substance may lead to felony charges and a prison term of up to 3 years in addition to a fine of up to $10,000.
Fraudulently obtaining Schedule V controlled substances may lead to misdemeanor charges and jail time of up to 1 year, a fine of up to $5,000, or both.
Factors That Influence Your Charges and Penalties for Prescription Drug Fraud
Every criminal case is different, and the specific factors surrounding your situation may influence the charges you face and the potential penalties.
The Schedule of the Alleged Substances
A major element of your case will be the Schedule of drugs involved. Schedule I, II, and III controlled substances are more severe, tend to have a greater risk for abuse, and may be more dangerous if misused.
Meanwhile, Schedule IV and V controlled substances are somewhat less severe and tend to be less dangerous compared to their higher scheduled counterparts.
Nature of the Supposed Fraud
The overall nature of the alleged fraud will also play a role in your case. People may use fraud to obtain prescription medication for various reasons, and those reasons may be aggravating or mitigating factors.
For example, if someone is accused of obtaining prescription medication to sell for profit, the judge may feel inclined to impose a harsher sentence within the sentencing guidelines.
If, instead, the defendant fraudulently obtained the medication because a loved one is sick and needs the medication but is uninsured and cannot afford it, our Pennsylvania drug crime defense attorneys may be better able to argue for more lenient penalties.
Duration of the Fraud
How long the fraud lasted may also play a significant role in the case. One instance of fraudulently obtaining prescription medicine is one thing, but a long-running scheme to fraudulently obtain prescription drugs is more serious and may lead to harsher charges and penalties.
FAQs About Penalties for Prescription Drug Fraud in Pennsylvania
What Happens if I am Charged with Prescription Drug Fraud in Pennsylvania?
If you are charged with prescription drug fraud, you may face charges ranging from serious felonies to misdemeanors. The more serious the controlled substances are, the more likely you are to face felony charges.
Will I Go to Jail if I am Convicted of Prescription Drug Fraud?
Incarceration is a serious and highly likely outcome of being convicted for prescription drug fraud. When more serious drugs, like narcotics, are involved, you may face felony charges and many years in prison. Convicted defendants may face up to 15 years behind bars for the most severe offenses.
Can I Fight Charges for Prescription Drug Fraud?
Yes. Prosecutors must prove that you used fraud or deception to obtain the prescription medication in order to secure a conviction. If you did not use fraud but needed the medication for a real medical problem, we can fight the charges.
What Factors Influence the Penalties for Prescription Drug Fraud Charges?
Various factors may influence the potential penalties of prescription drug fraud. These include, but may not be limited to, the Schedule of controlled substances, the nature of the alleged fraud, whether you actually needed the medication for a medical treatment, and how long the alleged fraud lasted.
How Are People Often Charged with Prescription Drug Fraud in Pennsylvania?
People are sometimes charged with prescription drug fraud when they lie to medical personnel in order to obtain powerful prescription drugs. It is also charged when those selling drugs are found with prescription medication. The police may investigate and learned that the suspect obtained the medication through fraud.
Get Legal Support from Our Pennsylvania Drug Crime Defense Attorneys Now
Get a free, private legal evaluation from our Norristown, PA drug crime defense attorneys when you call Kenny, Burns & McGill at (215) 423-5500.
