Under California Business and Professions Code section 4324, you can be charged with forgery if you falsely write a prescription for any type of drug. Specifically, under California Business and Professions Code section 4324, any person who “signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs” is guilty of forgery.

Sentencing for Forging a Prescription

If you are convicted for forgery for writing a false prescription, you can face severe consequences. California Business and Profession’s Code section 4324(a) is a “wobbler,” which means it can be charged as either a misdemeanor or felony. A misdemeanor conviction results in a sentence of imprisonment in county jail for up to one year. A felony conviction under Business and Professions Code section 4324(a) is punishable by imprisonment in state prison for up to three years.

California Business and Professions Code section 4324(b) also makes it a crime for you to possess any drugs that were obtained by a forged prescription. This offense may also be charged as a misdemeanor or felony. A misdemeanor conviction results in a sentence of up to one year in county jail, while a felony conviction can result in a sentence of up to three years in state prison.

According to California Business and Professions Code section 4323, if you obtain the false prescription over the phone or via any electronic communication, you can only be charged with a misdemeanor and will be required to serve a sentence of up to one year in county jail.

Doctors and False Prescriptions (Health and Safety Code section 11153)

California Health and Safety Code section 11153 states that a prescription for a controlled substance can only be issued by an individual practitioner, in the usual course of his or her professional practice, for a legitimate medical purpose. If you are a doctor and you ordered a prescription that is not for a legitimate medical purpose, you can be charged with violating California Health and Safety Code section 11153.

A violation of Health and Safety Code section 11153 is also a “wobbler” and can be punished as either a misdemeanor or felony. If you are convicted for a misdemeanor offense, you face up to one year in county jail and a fine of twenty thousand dollars ($20,000). If you are convicted for a felony offense, you can face up to three years in prison. You may also face a sentence that includes both jail time and a twenty thousand dollars ($20,000) fine.

Call Wallin & Klarich

The attorneys at Wallin & Klarich have over 30 years of experience and knowledge about how to defend clients facing charges for writing a false prescription. If you or a loved one is facing criminal charges as a result of prescription forgery, it is important that you seek a False Prescription criminal defense attorney. The attorneys at Wallin & Klarich will guide you through the legal process and help you present the best possible defense for your case. Wallin & Klarich has offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today to discuss your case at (888) 280-6839. We will get through this together.