California Health and Safety Code Section 11368 makes it a crime to forge or alter a prescription for a narcotic drug, use or present a forged or altered prescription, or knowingly possess narcotics obtained through a forged or altered prescription.
Health and Safety Code Section 11368 falls under the California Uniform Controlled Substances Act. The statute is intended to regulate the distribution and use of controlled substances, as well as to prevent drug abuse and prescription fraud.
If you have been accused of violating HSC §11368, it is important to get legal assistance. Los Angeles DUI Lawyer is a resource that has been connecting people facing DUI charges with lawyers who can help for nearly 20 years. Get in touch to learn about the California health and safety codes and get started on your defense.
Do You Need an Attorney?
If you are accused of violating CA Health and Safety Code Section 11368 HSC: Forging or Altering a Prescription for a Narcotic, consider consulting with a qualified criminal defense attorney.
Prosecutors take drug offenses seriously, and the consequences of a conviction can be severe. However, prosecutors can make mistakes. They may pursue overly harsh penalties or even charge the wrong person.
To have the best chance of a successful outcome, you must ensure your rights are protected and that you have experienced legal representation at every stage of the process.
How Your Lawyer Can Help
It’s never a good idea to take on the government on your own. Hiring legal counsel early can make a difference in the outcome of your case.
An attorney who is knowledgeable of California’s drug laws can:
- Explain your charges, your legal rights, and potential outcomes of your case.
- Investigate the facts of your case for procedural errors or constitutional violations.
- Challenge the admissibility of improperly obtained evidence.
- Advocate for reduced or dismissed charges when appropriate.
- Represent you in court and handle all legal filings.
- Negotiate for reduced or alternative sentencing options if a conviction occurs.
Convictions Under HSC Section 11368
In order to convict you of a violation of California Health and Safety Code Section 11368, the prosecution must prove that you knowingly committed one of the following three prohibited acts:
- You forged or altered a prescription for a narcotic drug.
- You knowingly issued or used a forged or altered prescription.
- You knowingly possessed a narcotic drug obtained through a forged or altered prescription.
A conviction requires proof of both the act and the intent. A skilled criminal defense attorney may be able to challenge the prosecution’s evidence or dispute one or more of these required elements.
What Is a Narcotic Drug in California?
In addition, the prosecution must establish that the drug involved is legally classified as a narcotic under California law. Common examples include:
- Oxycodone
- Hydrocodone
- Morphine
- Fentanyl
- Codeine
These substances are heavily regulated in California due to their high potential for abuse, dependency, and risk to public health.
Penalties for Violating HSC Section 11368
Violations of HSC §11368 are considered wobblers under California law. This means they can be charged as either misdemeanors or felonies, depending on the circumstances, the defendant’s criminal history, and the prosecutor’s discretion.
Felony Convictions
Aggravating factors (also called circumstances in aggravation) that may lead to a felony charge or harsher penalties include:
- If you were involved with multiple forged prescriptions
- If you participated in the distribution or resale of narcotics
- If you were involved in an organized fraud ring
- If you have prior drug-related convictions
A felony conviction can result in up to three years in county jail and fines of up to $10,000.
Misdemeanor Convictions
If you are convicted of a misdemeanor under HSC §11368, you could face up to a year in county jail and fines up to $1,000. Judges will often consider your underlying motivation when choosing how to charge you. They may grant leniency if:
- This is your first offense.
- You have a history of drug addiction or mental illness.
- You voluntarily participate in a rehabilitation program.
- You have shown cooperation with law enforcement.
How to Contest an HSC §11368 Charge
Your attorney may have several options for contesting your charges and arguing against the prosecution’s case. Some common defenses that may prove effective, depending on your circumstances, include:
- Lack of Knowledge or Intent: If you can prove you didn’t know the prescription was forged or altered, the prosecution failed to fulfill the intent requirement for a conviction.
- Valid Prescription: Your lawyer may be able to prove your prescription was valid and issued lawfully, as far as you knew. Mistakes made by a pharmacist are not grounds for charging the patient with a crime.
- Entrapment: In some cases, your attorney may be able to prove that law enforcement enticed you to commit criminal acts you would not have committed if not for their involvement.
- Mistaken Identity: In situations where a sweep nets a group of people, you may be accused of a crime you didn’t commit or incorrectly identified in surveillance footage.
- Illegal Search and Seizure: If police obtained evidence against you without a warrant or probable cause, that evidence, or your whole case, may be thrown out.
Ultimately, the defense that makes the most sense for you will be highly dependent on the specifics of your case. An attorney can work with you to make sure you understand your rights and options.
Get Help With an HSC Section 11368 Violation
A charge under CA Health and Safety Code Section 11368 HSC: Forging or Altering a Prescription for a Narcotic is a very serious issue, especially if you are facing a possible felony conviction. You must understand your rights and get the legal representation you need.
California is tough on drug crimes, and in many ways, it is easy to understand why. However, taking such a hardline stance sometimes means the lives of otherwise law-abiding people are ruined because of one mistake.
Don’t risk your future by trying to handle your charges by yourself. Reach out to Los Angeles DUI Lawyer. We’ve helped thousands of clients in similar situations, and we can put you in touch with a skilled lawyer to help with your case.
