Prescription Drug Fraud

There has been a steady increase in the illegal use of prescription drugs across the United States. In fact, the recent statistical analysis concluded that there are over 7 million nonmedical users of prescription drugs. With numbers like these, it is certain that law enforcement is following this increasingly problematic issue very closely.

Considering the vigilant attitude and the aggressive prosecution involved with this issue, if you have been accused of prescription drug fraud, knowing your legal options can mean the difference between an extended jail term and the freedom that you have always enjoyed.

Prescription Drug Fraud Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

As illegal prescription drug use continues to become more prevalent in our society, the legal system will also continue to have a punitive stance on such an issue. With all there is to lose in a case that involves any drug charges, finding the right criminal defense attorney to represent you is of paramount importance to keeping your freedom intact.

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

Prescription Drug Fraud under Texas Law

There are detailed and specific laws within the Texas Penal Code that involve prescription drug fraud. Specifically, this information can be found within the Texas Controlled Substances Act, Section §481.129.

This section states that a person commits fraud if the person knowingly:

distributes as a registrant or dispenser a controlled substance listed in Schedule I or II
uses, in the course of manufacturing, prescribing, or distributing a controlled substance, a registration number that is fictitious, revoked, suspended, or issued to another person;
issues a prescription bearing a forged or fictitious signature;
uses a prescription issued to another person to prescribe a Schedule II controlled substance;
possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance: (A) by misrepresentation, fraud, forgery, deception, or subterfuge; (B) through use of a fraudulent prescription form; or (C) through use of a fraudulent oral or telephonically communicated prescription; or
furnishes false or fraudulent material information in or omits material information from an application, report, record, or other documents.

As for the penalties involved, if the individual is accused of distributing a controlled substance listed as a schedule I or II, they will be charged with a felony of the second degree. This charge, if convicted, comes with a presumptive sentence of up to 20 years in prison and/or a fine not to exceed 10,000 (§12.33). If they are accused of distributing a Schedule III or IV substance, it is considered a felony of the third degree, which comes with a presumptive sentence of up to 10 years in prison and/or a fine not to exceed $10,000 (§12.34). If the drug is Schedule V, it is considered a Class A misdemeanor (up to 1 year in jail and/or fine not to exceed $4,000).

The full listing of all Schedules can be found here. (TEXAS HEALTH AND SAFETY CODE).

Find A Dallas County Defense Attorney for Prescription Drug Fraud Charges | Law Offices of Richard C. McConathy

If you or a loved one is currently charged with prescription drug fraud, the potential penalties are too severe for this situation to be taken lightly. To put yourself in the most favorable position, retaining capable legal counsel should be on the top of your list.