Those arrested for prescription by fraud are charged with violating California Health and Safety Code 11733, which could be a misdemeanor or felony offense. These days, a person’s criminal record can be accessed by almost anyone with a general understanding of the internet, causing problems for you and your loved ones. Taking advantage of a consultation with a skilled California legal professional could help you avoid a conviction.
At MacGregor & Collins, LLP, our drug crime lawyers in Orange County have years of experience working with local alleged offenders to obtain case dismissals and not guilty verdicts. Call today for a free consultation with no obligation to hire.
HS 11733 Defined
In order to prosecute for California Health Code 11733, the state has the burden to prove you are guilty of:
Intentionally hiding a material fact, deceived, misrepresented, or fraudulently claimed some information when
Receiving or trying to receive prescription drugs
Other aliases for this crime include doctor shopping or RX fraud.
These prescription drugs may include:
- Opiates – like Hydrocodone, Morphine or Oxycodone
- Anti-Depressant Medicines – such as Xanax or Valium
- Stimulants – popular prescription names include Adderall and Ritalin
Possible Penalties for 11733 HS Violations
Prescription by Fraud, or California Health and Safety Code 11733 can be filed as a misdemeanor or felony, and those found guilty can face:
- Misdemeanor: Up to one year in the county jail
- Felony: Up to three years in the California State Prison
A keen example of doctor shopping is when a patient visits numerous providers or pharmacies in order to obtain a prescription drug, without revealing that the same medicine has been obtained or restricted somewhere else.
Many prescription fraud cases are prosecuted on patients who are genuinely in pain, but can find no relief by being honest. In addition, a prescription fraud charge can also lead to more serious drug charges under California law, including sale or possession of a controlled substance.
Individuals misuse prescription drugs in other cases, such as reselling these on the streets for profit. Either way, there’s savvy legal defense for these crimes, which can help to lower fines or avoid jail time.
Defendants of Health and Safety Code 11733 may be barred from drug diversion programs to avoid jail time under California Penal Code 1000. Still, a criminal defense lawyer can help to lower fines, or prove your innocence.
If you are facing prescription fraud charges for violating California Health and Safety Code Section 11733, you may be able to avoid a conviction. By speaking with a skilled drug crime lawyer, you will have more information to help make informed decisions that are in the best interest of yourself and your family.
Facing charges for possession of a controlled substance? Click on HS 11350 for help.