Acquisition of a Narcotics Drug by Fraud

It is a crime to get someone to give you a narcotic through fraud, subterfuge, deceit, or misrepresentation. Prescription drug fraud is a significant issue throughout Arizona, and it is believed to threaten the integrity of the health care system. As a result, you may be prosecuted aggressively if you are suspected of lying in order to get narcotics. However, Phoenix drug crime lawyer James Novak may be able to defend you against a charge of acquisition of a narcotics drug by fraud.

It is a crime to procure or obtain the administration of a narcotic through subterfuge, deceit, misrepresentation, or fraud. How would someone acquire narcotics by fraud? An example might be if you presented a prescription to your pharmacist for 150 oxycodone tablets. The pharmacist then finds out that the prescription was not issued by the doctor. You might be charged with the attempted acquisition of a narcotics drug by fraud.

Similarly, if you faked an injury to get narcotics or stole a doctor's prescription pad and wrote yourself a prescription for narcotics each month, and eventually a red flag was raised, you might be charged with obtaining the administration of narcotics through fraud. Another example might be if you tried to fill a legitimate prescription at multiple locations. Still another example might be if you pretended to be someone else in order to acquire narcotics.

Obtaining a narcotic drug through fraud is a class 3 felony, which has a presumptive sentence of 3.5 years. The minimum term is 2.5 years, while the maximum term is seven years. With aggravating factors, however, you may face up to 8.75 years.

You also may be required to pay a fine of $2,000 or three times the value of the narcotics, as determined by the court. Whichever is greater will be the amount of the fine, but only up to a maximum amount. The judge is not allowed to suspend any part of the required fine.

In addition, if you are convicted of this crime, and probation is authorized, you are prohibited from using any narcotic, prescription, dangerous drug, or marijuana except as lawfully administered by a health care practitioner. A condition of your probation will be that you agree to be tested under the supervision of the probation department of your county or state department of corrections during the probation term or before the sentence expires. Also, a condition of probation will be that you perform at least 360 hours of community restitution with an agency or organization that gives patients counseling, rehabilitation, or treatment for alcohol or drug abuse.

You should not assume that you will be convicted simply because you are charged and arrested. Having an experienced and skillful attorney on your side may make a difference. As with other crimes, the prosecution must prove its case beyond a reasonable doubt. Sometimes it is possible to raise a reasonable doubt on the question of intent. Perhaps you did not intend to defraud anyone.

In other cases, it may be possible to attack the way that the evidence of the narcotic drug was obtained. For example, if it was acquired through entrapment or in violation of your Fourth Amendment rights, you may be able to get the evidence suppressed.

Charges may be brought whenever you get narcotics through some other means than when a doctor validly prescribes narcotics for a legitimate injury, and the person to whom they prescribe the medication consumes the narcotics. The acquisition of a narcotics drug by fraud is taken seriously by prosecutors throughout Arizona. In addition to a wide range of procedural defenses, however, there are numerous substantive defenses that may be available. Our principal is a former prosecutor who can provide aggressive, knowledgeable representation in the area of drug crimes. Contact Phoenix attorney James Novak at (480) 413-1499 or via our online form for a free consultation. He also represents people who need a fraud attorney in cities such as Mesa, Tempe, Chandler, Gilbert, Scottsdale, and other areas of Maricopa County.