Jacksonville Prescription Fraud Lawyer

Defense for Doctor Shopping & Forged Prescription Allegations

A prescription fraud charge isn't necessarily about a fake prescription. It may turn on what someone told a doctor, which medications they received, or whether prosecutors can prove deliberate deception.

At Owenby Law, P.A., our Jacksonville drug crime defense team represents people accused of illegally obtaining prescription medications through fraud, forgery, or misrepresentation. We examine the specific allegations, medical records, communications, and evidence to determine what the prosecution must establish under Florida law.

Our firm has served Northeast Florida for more than 20 years. Senior Attorney Dustin Nemati is a former prosecutor with trial experience in misdemeanor and felony matters. His background provides perspective on how the State investigates, charges, and presents criminal allegations.

Obtaining a Controlled Substance by Fraud Under Florida Law

Florida Statute § 893.13(7)(a)9 prohibits acquiring, obtaining, or attempting to acquire or obtain possession of a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge.

The law covers different forms of alleged deception. A person may face an accusation involving a falsified prescription, misleading information provided to obtain medication, or another fraudulent method of acquiring a controlled substance.

The prosecution must establish the elements of the specific offense charged. Our attorneys examine what conduct is alleged, the evidence connecting the accused to that conduct, and whether the facts support the State's interpretation.

Doctor Shopping Allegations

Doctor shopping is commonly associated with obtaining controlled substances through multiple medical providers while withholding relevant information.

Under Florida Statute § 893.13(7)(a)8, a person may be charged for withholding from a practitioner that they received a controlled substance, or a prescription for a controlled substance of like therapeutic use, from another practitioner during the preceding 30 days.

Seeing multiple doctors is not automatically a criminal offense.

The circumstances of the medical visits, information disclosed, prescription history, and applicable statutory requirements are important to evaluating an allegation.

Forged or Altered Prescriptions

Florida law also prohibits certain forms of prescription forgery and fraudulent acquisition of controlled substances.

An allegation may involve altering prescription information, using a falsified document, or attempting to obtain medication through a forged prescription.

When the medication is a controlled substance, § 893.13 may apply. Florida Statute § 831.30 separately addresses certain fraudulent prescriptions for medicinal drugs that are not controlled under Chapter 893.

The applicable charge depends on the medication, alleged conduct, and statutory provision cited by prosecutors.

Penalties for Prescription Fraud in Jacksonville

The possible penalties depend on the specific offense rather than the general label of prescription fraud.

Violations involving doctor shopping under § 893.13(7)(a)8 or obtaining a controlled substance by fraud under § 893.13(7)(a)9 are classified as third-degree felonies.

A third-degree felony may carry up to five years in prison and a fine of up to $5,000.

When More Serious Charges May Apply

Florida Statute § 893.13(7)(a)13 addresses obtaining or attempting to obtain controlled substances or prescriptions from a practitioner through specified deceptive conduct when the accused has the required intent to obtain medication, or an amount of medication, that is not medically necessary.

When the statutory requirements are met and the offense involves a controlled substance in Schedule II, III, or IV, the violation is classified as a second-degree felony.

A second-degree felony may carry up to 15 years in prison and a fine of up to $10,000.

Other prescription-related offenses may have different classifications. For example, certain first offenses involving forged prescriptions for noncontrolled medicinal drugs under § 831.30 are second-degree misdemeanors.

The exact charge, criminal history, applicable sentencing provisions, and circumstances of the case determine the potential consequences.

A criminal conviction may also affect employment, professional licensing, and other opportunities. Any additional driver's license consequences require separate analysis of the specific conviction and applicable law.

How We Evaluate Prescription Fraud Evidence

Prescription fraud cases can involve medical records, pharmacy information, communications, and allegations about what someone disclosed to a healthcare professional.

Our attorneys examine the evidence in relation to the elements of the charged offense rather than assuming every prescription-related accusation involves the same legal issues.

Depending on the case, our review may consider:

• Alleged deception: What statements, documents, or conduct does the prosecution identify as fraudulent?
• Prescription history: What medications were prescribed, by whom, and when?
• Medical circumstances: Are treatment records or legitimate medical needs relevant to the allegations?
• Identity and attribution: Does the evidence establish who submitted, altered, or used the prescription or information at issue?
• Intent: Does the applicable charge require proof of a particular purpose, and what evidence supports that element?
• Investigation and evidence handling: Were medical, electronic, and physical records obtained and handled lawfully?

For an attempted obtaining-by-fraud allegation, prosecutors do not necessarily need to prove that the person ultimately received the medication.

Likewise, possession-related issues may matter when a separate drug possession charge is filed, but possession is not necessarily an element of every doctor shopping or attempted fraud allegation.

When the investigation raises constitutional concerns, our attorneys evaluate whether a motion to suppress evidence or another legal challenge may be appropriate.

Individualized Defense Strategies

We begin by listening to your account and identifying the charge, available evidence, and immediate concerns.

Our attorneys evaluate legal and factual issues collaboratively, drawing on different perspectives when developing a defense strategy.

We explain significant developments, discuss the available options, and keep clients informed about decisions that may affect their cases.

The appropriate defense depends on the circumstances. We do not rely on a standard argument simply because two cases involve prescription medications.