Florida Statute 893.13 defines obtaining controlled substances by fraud as when a person successfully obtains or attempts to obtain the possession of a controlled substance. This is often achieved through forgery, fraud, misinterpretation, deception, or subterfuge.
If you are convicted of obtaining controlled substances by fraud in North Port, then it is likely that you will be facing a third-degree felony charge. As stated in Florida Statute 775.083, a third-degree felony charge may result in up to $5,000 payable in fines, as well as up to 5 years in prison.
If you are facing charges for obtaining controlled substances by fraud in North Port, then it is strongly recommended to seek the advice of a criminal defense lawyer as soon as you possibly can. At The Law Place, we have a highly skilled team of lawyers with an abundance of experience handling a variety of cases involving drug crimes. At our law firm, we offer all our customers a free consultation where we will assess the legitimacy of your case and offer comprehensive legal advice on the next best steps to take, all at no obligation. Our North Port phone lines are open 24 hours a day, 7 days a week, so you can call us at a time most convenient for you and relax in the knowledge that an adept criminal defense attorney will be on hand to help. Call us at (941) 444-4444 and arrange a free consultation today!
How Can Obtaining a Controlled Substance by Fraud Be Defined?
As previously explained, obtaining a controlled substance by fraud is an offense that occurs when a person successfully obtains or attempts to obtain controlled substances through the use of fraud, forgery, subterfuge, misinterpretation, or deception.
For example, if a person obtains a prescription from one doctor and then successfully obtains the same prescription from another doctor before the 30 day prescription period has ended, an act of obtaining a controlled substance by fraud has been committed. This act is also more commonly known as ‘doctor shopping.’ Some of the most common substances that are sought after through ‘doctor shopping’ are painkillers, such as Oxycodone and Hydrocodone.
If you are suspected of committing an act of ‘doctor shopping,’ then your pharmacist or practitioner will watch for:
- An attempt to persuade a pharmacist to increase the amount of prescribed medication.
- Any suggestion that you have misplaced your prescription or claim that it has been stolen.
- Using cash to pay for the prescription even though you have medical insurance.
- Looking far more knowledgeable than the average person when it comes to the brand or dosage of a particular drug.
- Showing signs of heightened nerves or tension when waiting for your prescription to be filed.
- Becoming demanding or irate if the prescription is not issued.
If you have been arrested or charged with obtaining a controlled substance by fraud, then it is important to obtain legal advice from a criminal defense attorney. Call The Law Place today, and arrange a free consultation with an adept criminal defense lawyer.
Possible Charges for Obtaining a Controlled Substance by Fraud in North Port
The charges and penalties that you may face will depend on a number of factors, including the type and amount of controlled substance that has been successfully obtained through fraud.
In most instances, if you have obtained or attempted to obtain controlled substances through fraudulent activities, then you will receive a third-degree felony charge. This means that you do not have to obtain the drugs successfully for the prosecution to seek a conviction. You only need to have attempted to obtain them.
A third-degree felony charge is punishable by up to 5 years in prison and up to $5,000 payable in fines. You can also face drug trafficking charges if you are caught with a large amount the illegal drugs on you when you are arrested. If convicted of drug trafficking, then you will be charged with a federal crime, which can result in a 25-year prison sentence as well as hefty fines and a criminal record.
What Must the Prosecution Prove to Gain a Successful Conviction?
In order for the prosecution to gain a successful conviction, the prosecutor must prove to the jury a number of factors beyond a reasonable doubt.
- The prosecution must be able to show that deception, fraud, forgery, misinterpretation, or subterfuge was used to obtain or attempt to obtain controlled substances.
- The prosecution must be able to show that the substance obtained was, in fact, a controlled substance, in accordance with Florida Statute 893.03.
- The prosecution must be able to prove that the accused was, in fact, attempting to obtain or successfully obtained controlled substances.
If you are facing charges for drug crimes in North Port, then it is vital to seek the advice of a criminal defense lawyer as soon as possible. At The Law Place, we have an adept team of attorneys with over 75 years of combined experience in handling cases like yours and successfully defending the accused. Call us today and arrange a free consultation with an experienced criminal defense attorney.
Possible Defences for Obtaining Controlled Substances by Fraud
By seeking the representation of a criminal defense attorney, you are placing yourself and your case in the safest possible hands. A criminal defense lawyer will work with you to ensure you receive the best possible outcome, which may see your penalties reduced.
Depending on the circumstances surrounding your arrest, a highly skilled attorney will seek to develop a defense strategy that can be used in court. Examples of possible defense strategies are as follows:
- That you were not aware of the illegal nature of the controlled substance.
- That evidence was unlawfully obtained.
- That at the time of the arrest, you were not in possession of illegal drugs.
- That the quantity of controlled substances found in your possession at the time of the arrest was insufficient.
It is worthwhile noting that there are also a number of ‘exceptions’ that you may fall under. Such exceptions include if you are a legal manufacturer, wholesaler, or distributor of controlled substances or if you are acting under the jurisdiction of law enforcement. Additionally, if you are a pharmacist, dentist, researcher, doctor, hospital practitioner, or an employee of local, state, or federal government, then you may also fall under this exception.
At The Law Place, your defense attorney will investigate your case and any evidence being used against you to build a strong defense strategy, which will ensure that you receive the best possible outcome. Call our law firm in North Port and receive comprehensive legal advice from one of our defense attorneys today.
Call The Law Place Today!
If you have been arrested or charged for obtaining controlled substances by fraud in North Port, then it is strongly recommended to seek the representation of a defense lawyer as soon as possible. At The Law Place, we have an adept team of attorneys with over 75 years of collective experience in handling a variety of cases relating to drug crimes.
At our law firm, we offer all our customers a free consultation where we will review your case and offer comprehensive legal advice. After your case has been reviewed, we will assign you a dedicated criminal defense attorney who will work with you as your advocate to tailor your defense strategy. Many of our attorneys are AVVO rated 10.0, which is the highest possible rating. This rating is awarded based on a number of factors, including length of practice, trial skills, awards, as well as also client reviews and testimonials.
Our North Port phone lines are open around the clock, so you can call us at a time that suits you best as a lawyer will always be on hand to help. What are you waiting for? Call today for a free consultation at (941) 444-4444.