Prescription fraud is a serious offense in California, and counterfeiting prescription blanks is one of the most severe forms of this crime. Under California Health and Safety Code Section 11162.5 HSC, counterfeiting or possessing counterfeit prescription blanks is strictly prohibited and carries significant penalties.
This law is part of California’s broader effort to combat the misuse of controlled substances and protect public health. Understanding the law and its implications is crucial for anyone facing such charges, navigating the criminal justice system, or seeking to prevent prescription fraud effectively.
What Is Health and Safety Code Section 11162.5 HSC?
This law targets individuals who counterfeit or knowingly possess prescription blanks. Official prescription blanks, prepared and issued under CA Health and Safety Code Section 11162.5, are tightly regulated to prevent the illegal distribution of controlled substances and maintain the integrity of medical practices.
Violating this law can result in harsh criminal penalties, including fines, imprisonment, and a permanent criminal record, depending on the nature of the offense. If you have been arrested under these charges, a Los Angeles DUI lawyer can help defend your rights.
Breaking Down CA Health and Safety Code Section 11162.5 HSC: Counterfeit a Prescription Blank
Here is a breakdown of the code and what it means to you:
- Counterfeiting Prescription Blanks: Counterfeiting a prescription blank means creating or altering an official prescription blank to make it appear legitimate. These forms are used to illegally obtain controlled substances.
- Possession of More Than Three Counterfeit Prescription Blanks: Knowingly having more than three fake prescription blanks, even without directly using them, is considered a felony offense.
- Possession of Three or Fewer Counterfeit Prescription Blanks: Knowingly possessing three or fewer counterfeit prescription blanks is treated as a misdemeanor.
Penalties for Violations Of 1162.5 HSC
A violation of California Health and Safety Code 11162.5 HSC is considered a wobbler offense, meaning it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.
Penalties Under HS 11162.5(a)
This subsection applies to counterfeiting or knowing that you have more than three counterfeit prescription blanks.
If charged as a misdemeanor:
- Punishable by up to one year in county jail.
If charged as a felony:
- Punishable by imprisonment in county jail for 16 months to 3 years.
Penalties Under HS 11162.5(b)
This subsection specifically addresses the offense of knowingly having three or fewer counterfeit prescription blanks in one’s possession.
This is a misdemeanor offense and is punishable by:
- Imprisonment in a county jail for up to six months;
- A fine of up to $1,000; or,
- Both imprisonment and a fine.
Further Considerations
The specific penalties for violating HS 11162.5 depend on how the offense is charged and other factors, such as the defendant’s intent, prior criminal record, and whether the counterfeit blanks were used to obtain controlled substances.
An experienced DUI attorney can help negotiate reduced charges or alternative sentencing options where appropriate.
Legal Defenses for Violating HSC Section 11162.5
If you are charged under California Health and Safety Code Section 11162.5, several defenses may apply depending on the circumstances of your case. Common defenses include:
Lack of Knowledge
To be convicted, the prosecution must prove that you knowingly counterfeited or possessed counterfeit prescription blanks. If you were unaware that the documents were fake, this could serve as a defense.
For example, if you unknowingly received counterfeit blanks from another party, this lack of intent can be a strong argument in your favor.
Unlawful Search and Seizure
If law enforcement violated your Fourth Amendment rights during the investigation, any evidence obtained may be inadmissible in court. This includes situations where officers conducted a search without a valid warrant, exceeded the scope of the warrant, or lacked probable cause for the search and seizure.
Insufficient Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt. If there’s not enough evidence to demonstrate that you knowingly counterfeited or possessed fake prescription blanks, the charges could be dismissed.
This defense may involve challenging the reliability of witnesses or the chain of custody for the evidence.
Mistaken Identity
If someone else was responsible for the crime and you were wrongfully implicated, your attorney may argue mistaken identity as a defense.
This is especially relevant in cases where counterfeit prescription blanks were found in a shared space, or if another individual used your information during the crime.
Additional Defenses
Other defenses may include entrapment, where law enforcement coerced you into committing the crime, or proving that the prescription blanks in question were not counterfeit.
An experienced attorney can evaluate the specific details of your case to craft the most effective defense strategy.
How Los Angeles DUI Lawyer Can Help
Being charged under HSC Section 11162.5 can be intimidating, but it’s not the end of the road. With the right legal representation, you may be able to reduce or dismiss the charges against you. A skilled attorney can analyze your case, identify weaknesses in the prosecution’s argument, and build a strong defense strategy.
If you are facing charges under California Health and Safety Code Section 11162.5 HSC, it’s vital to act quickly to protect your rights and your future. Contact Los Angeles DUI Lawyers today for a confidential consultation so we can connect you with the right attorney for your case.
