In Arizona, prescription fraud can be charged as a felony. While the specific classification can vary based on the circumstances and the type of substance involved, some cases fall under felony statutes that carry the potential for significant jail time, hefty fines, and a permanent criminal record.
The Flagstaff drug crimes lawyers at Griffen & Stevens Law Firm, PLLC understand how overwhelming it can be to face allegations of prescription fraud. For those searching for clarity on prescription fraud Arizona law, this overview explains what constitutes the crime, how the state classifies it, and what defense strategies may be available.
What Is Prescription Fraud Under Arizona Law?
Prescription fraud is a broad term that encompasses any act of deceit, forgery, or misrepresentation related to obtaining a controlled substance. Under Arizona Revised Statutes (ARS) §13-3406, it is illegal to obtain a prescription-only drug through fraud, deceit, misrepresentation, or subterfuge.
There are distinct cases involving various forms of prescription fraud, including:
- Forging or altering a legitimate prescription (such as changing the quantity or strength) or creating a fake prescription pad to obtain medication
- Visiting multiple physicians without disclosing existing prescriptions to obtain additional controlled substances
- Stealing a blank prescription pad from a medical office to write fraudulent orders
- Posing as a family member or using a stolen identity to fill a prescription
- Presenting a fraudulent prescription to a pharmacist or attempting to fill a prescription that was obtained through illegal means
The specific charge—and whether it remains a state-level offense or escalates to federal charges—often depends on the type of drug involved and the defendant’s prior criminal history.
Common Prescription Drugs Acquired Fraudulently in Arizona
ARS § 13-3406 is intentionally broad, covering any drug that cannot be legally obtained without a prescription from a medical provider. Some of these include:
- Alprazolam (Xanax)
- Amphetamines (Aderall, Vyvanse)
- Codeine
- Diazepam (Valium)
- Hydrocodone (Vicodin, Norco)
- Meperidine (Demerol)
- Morphine
- Oxycodone (OxyContin, Percocet)
So, Is Prescription Fraud a Felony or a Misdemeanor?
ARS §13-3406 classifies the fraudulent procurement of a prescription-only drug as a Class 1 misdemeanor. However, there are aggravating factors that can elevate the charge to a higher-level felony:
- Class 6 felony. If accused of possessing the drugs for sale, or transporting the drugs into the state for sale, the charge may escalate.
- Class 4 felony. If accused of manufacturing, selling, or distributing a misbranded drug, the charge can be enhanced.
For a Class 6 felony conviction in Arizona, a defendant faces presumptive prison time, though probation is sometimes available for first-time offenders. A Class 4 felony carries a presumptive sentence of 2.5 years in prison, and these sentences can double for repeat offenders.
Potential Penalties for Prescription Fraud
The specific penalties for a prescription fraud conviction in Arizona typically include:
- Incarceration. Depending on the felony classification, a judge can impose prison time ranging from six months to over a decade for aggravated cases.
- Probation. For those eligible, probation often comes with strict conditions, including random drug testing, community service, and a prohibition on possessing any controlled substances without a valid prescription.
- Fines and surcharges. A felony conviction carries fines that can reach $150,000, along with mandatory probation surcharges that increase the total financial burden.
- Driver’s license suspension. Under ARS §28-3304, a drug-related conviction can result in the suspension of driving privileges, even if the crime had nothing to do with operating a vehicle.
- Loss of professional licenses. Nurses, doctors, pharmacists, and other licensed professionals face automatic review by their licensing boards. A felony drug conviction often results in suspension or permanent revocation of a license.
How a Flagstaff Drug Crimes Lawyer Can Challenge the Charges
The defense attorneys at Griffen & Stevens Law Firm, PLLC understand the stringent requirements the state must meet and know how to identify weaknesses in a prescription fraud case. Common defense strategies include:
- Lack of intent. If the accused genuinely believed the prescription was legitimate—for example, if a family member handed them a prescription to fill—the element of intent is missing.
- Invalid stop or search. If law enforcement obtained evidence of fraud through an illegal traffic stop, an unlawful search of a vehicle, or a warrantless search of a home, the defense can file a motion to suppress that evidence.
- Chain of custody issues. If the prosecution cannot account for how documents were stored or handled, the defense can argue the evidence is unreliable.
- Entrapment. In some cases, an individual may have been induced by law enforcement or a confidential informant to commit a crime they otherwise would not have committed. Arizona law allows an entrapment defense when the government’s conduct created the criminal act.
- Reliance on medical advice. If the defendant was following the instructions of a physician, even if those instructions were unusual, they may not have possessed the criminal intent required for a fraud conviction.
By working with a legal team that understands the intricacies of prescription fraud Arizona cases, defendants have a fighting chance to protect their rights and their futures.