Prescription Drug Crimes Defense Attorney in Murrieta

Prescription-drug charges can be just as serious as cases involving illegal street drugs. In California, criminal allegations may arise from possessing certain prescription medications without a valid prescription, obtaining medication through fraud or deception, possessing drugs for sale, or driving while impaired by prescription drugs. Depending on the facts, these cases may be charged as misdemeanors or felonies and can carry serious consequences for a person’s record, employment, and professional reputation.

At the Law Office of H. Charles Gorian, we understand that prescription-drug cases often involve more than the simple discovery of pills or medication. The prosecution may still need to prove unlawful possession, intent, knowledge, or fraudulent conduct, depending on the charge. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

Common Prescription Drug Charges in California

Prescription-drug cases in California often fall into a few main categories:

• unlawful possession of certain controlled substances without a valid prescription
• possession for sale
• prescription fraud or “doctor shopping”
• DUI involving prescription medication.

Because different statutes apply to different conduct, it is important to identify the exact code section charged rather than treating all prescription-drug allegations the same way.

Unlawful Possession of Prescription Drugs

California Health and Safety Code section 11350 makes it a crime to possess certain listed controlled substances, including certain narcotic prescription drugs, without a valid prescription. In most cases, the offense is punishable by up to one year in county jail. But the statute also provides that a person with certain qualifying prior convictions may instead be punished under Penal Code section 1170(h).

Section 11350 also contains an important exception: it is not unlawful for a person other than the prescription holder to possess the medication if the possession is at the direction or with the express authorization of the prescription holder and the sole intent is to deliver it to the prescription holder for prescribed use or to discard it lawfully.

Possession for Sale

If prosecutors believe the medication was possessed for sale rather than personal use, the case may be charged under Health and Safety Code section 11351. That offense applies to possession for sale or purchase for purposes of sale of certain controlled substances and is punishable by two, three, or four years under Penal Code section 1170(h).

In these cases, the dispute is often not just whether the defendant possessed the medication, but whether the evidence truly shows an intent to sell rather than personal possession. That issue is usually inferred from the surrounding facts rather than the statute alone.

Prescription Fraud

California Health and Safety Code section 11173 prohibits obtaining or attempting to obtain controlled substances, or a prescription for controlled substances, by fraud, deceit, misrepresentation, subterfuge, or concealment of a material fact. It also prohibits making false statements in certain required prescription-related records, falsely claiming to be an authorized medical professional for the purpose of obtaining controlled substances, and affixing a false or forged label to a package containing controlled substances. That means prescription fraud can include allegations such as forged prescriptions, altered prescriptions, false information given to obtain medication, or “doctor shopping” type conduct.

DUI Involving Prescription Drugs

A person can also face DUI charges for driving while impaired by prescription medication. California Vehicle Code section 23152 prohibits driving while under the influence of alcohol or drugs, and California DUI law is not limited to illegal drugs. Prescription medication can still support a DUI charge if it impairs the driver.

For that reason, prescription-drug cases sometimes overlap with DUI allegations, especially where law enforcement claims that the medication affected driving ability.

Common Defenses to Prescription Drug Charges

Every prescription-drug case depends on the facts. Possible defenses may include:

• the defendant had a valid prescription or lawful authorization
• the defendant did not knowingly possess the medication
• the drugs were for personal use and not for sale
• the prosecution cannot prove fraud or intent
• the medication belonged to someone else and was being lawfully delivered or discarded
• the evidence was obtained through an unlawful search or seizure.

Speak with a Prescription Drug Crimes Defense Attorney in Murrieta

If you have been charged with a prescription-drug offense in Murrieta or elsewhere in Riverside County, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Murrieta, Temecula, Riverside County and San Bernardino County. Call (951) 395-0511 today or fill out our online form for a free and confidential consultation.