If you are caught making a false representation to obtain a drug in the state of California, you can be convicted of a misdemeanor. Crimes of this nature are prosecuted under the California Business & Professions Code Section 725(b). Our team at the Simmrin Law Group can help you learn more about what this charge entails and how to fight it and get your life back.
Definition of the False Representation to Obtain a Drug
California law prohibits individuals from making a false representation to obtain a drug either electronically or over the phone. An example of a behavior that would fall under this categorization includes using the phone while in a doctor’s office and ordering a prescription for yourself while pretending to be the doctor. Or hacking into a doctor’s computer to email a prescription in your name to your local pharmacy for a particular drug.
In order for the prosecution to find you guilty for making a false representation to obtain a drug, the following must have occurred:
- You falsely represented yourself as a doctor, nurse or other person who can legally prescribe a drug so as to obtain that drug; OR
- You falsely represented that you were acting on behalf of someone who is legally authorized to prescribe a drug so as to obtain that drug
Further, said misrepresentation had to have taken place via a telephone or electronic communication (email or text) with the pharmacist.
Penalties For a False Representation to Obtain a Drug
If you or a loved one has been charged with making a false representation to obtain a drug, you should consider contacting a criminal defense lawyer for help. While a misdemeanor is not as serious as a felony, it still carries jail time you could evade and fines you could avoid paying if you can properly prove your case in a court of law.
If convicted, the penalties for false representation to obtain a drug include up to one year in the county jail and/or a fine of up to $1,000. However, a good drug crimes lawyer has the experience necessary to understand how to properly defend a case like this. It never hurts to have an experienced lawyer with a wealth of experience to help you fight for the best possible outcome.
Defenses
It may not seem like it at first, but you still have legal options available to you if you have been charged with making a false representation to obtain a drug. This is where specifics play an incredibly important factor. In order to be convicted, the prosecution must prove that you made a false representation over the phone or through email or some other electronic form of communication. If you did neither of these, then you cannot be found guilty under the law.
Going one step further, if you made a false statement, but you did not pretend to be either a doctor or nurse, or someone else who is authorized to either write a prescription or act on the behalf of someone who can, then you also cannot be convicted under California Business and Professions Code Section 4323.
If you find this advice helpful, let our lawyers at the Simmrin Law Group review your case and provide you with even more tools to help you fight your case with everything you’ve got.
Related Charges
As with any other criminal charge, you may find yourself charged with additional crimes on top of the false representation to obtain a drug. The more common related charges include:
- Doctor shopping
- Possessing a prescription blank
- Forging or altering a prescription
Any time you have additional charges, your case increases in severity because so too do your chances increase of receiving increased fines and jail time. If you are facing multiple charges, you need a good criminal defense lawyer by your side.
Have You Been Charged With Making a False Representation to Obtain a Drug? We Can Help You!
Individuals charged under California Business & Professions Code Section 4323 for making a false representation to obtain a drug can be convicted of a misdemeanor involving fines and possibly even jail time. And that’s without being charged with any additional crimes!
You do not have to face charges like these on your own. Our qualified team at the Simmrin Law Group has helped dozens of clients with cases just like yours. We have the experience you need to help you win your case. Call us at (310) 340-0302, or fill out our online contact form and be connected with a lawyer who cares about your case and wants to help you win it.
We offer a FREE case evaluation to those accused of making a false representation to obtain a drug in the state of California, so what are you waiting for? Call now!