Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

What are the Penalties for Prescription Drug Fraud in Massachusetts?

As the cost of prescription medication continues to rise, so does the rate of prescription drug fraud. Although most prescription fraud is related to the abuse of prescription drugs, more and more people are committing this criminal offense to obtain medication they couldn’t otherwise afford. That being said, the lion’s share of this crime is still committed by those who plan to distribute or abuse prescription drugs. If you are being charged with prescription drug fraud, a MA criminal defense attorney is your best line of defense.

Prescription drug fraud used to be limited to signing a prescribing doctor’s name on a stolen prescription sheet. However, electronic medical records and prescriptions have taken this crime to a whole new level. At first glance, it may seem that this type of fraud has become more difficult to commit, but the opposite is actually true. Although the process of electronic prescription fraud is more sophisticated today, it’s actually much easier to pull off. With today’s technology, you don’t even have to leave your living room to commit prescription fraud.

And this type of fraud doesn’t have to involve hacking into a system and forging electronic prescriptions. Even modifying a legitimate prescription (changing the medicine strength or number of refills) is illegal. There are countless ways of committing prescription fraud that may seem less serious…but at the end of the day, fraud is fraud. For example, some people will visit several physicians at the same time, request the same prescription from each physician, and have each prescription called into a different pharmacy before anyone figures out what’s going on. However, this method is becoming increasingly difficult as insurance carriers continue to beef up their systems for sorting out fraudulent claims. The drugs that insurance companies are most concerned with include OxyContin, Xanax, Valium, Percocet, and Vicodin, all which have high rates of abuse.

Penalties for Prescription Drug Fraud

When you forge a prescription, and then present that prescription as an official note from a licensed M.D., you are committing prescription drug fraud. In MA, the penalties for this crime are largely dependent on the nature of the crime and whether or not you have any prior criminal history. Generally, if it is your first offense, you may be facing up to two-and-a-half years in jail, and fines of up to $30,000. For a second offense, the punishment is markedly more severe; you may be looking at up to eight years in prison.

A bit of good news: if this is your first offense, MA usually offers some type of diversion program as an alternative to imprisonment and hefty fines. A Boston defense lawyer can help you determine if you are eligible for such a program. If you qualify, you will likely enter an addiction treatment program. Upon successful completion, your sentence will either be reduced, or all charges will be dropped. Diversion programs are great for keeping you out of jail and keeping your record clean, but they also provide treatment for what is more likely a disease than a crime. Prison is rarely the best place for an addict.

Altman & Altman, LLP – Boston’s Top Criminal Defense Law Firm

If you have been charged with prescription drug fraud or any other type of drug offense, the skilled legal team at Altman & Altman, LLP can help. When people are charged with drug crimes, they are usually more in need of rehabilitation than punishment. Our knowledgeable, compassionate lawyers have an impressive track record of getting clients’ charges reduced, or dismissed entirely. If you are facing charges for any type of crime, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

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