Indiana Prescription Fraud: Laws, Penalties, and Defense Strategies

Posted on January 11, 2024 by admin

Prescription fraud, or pharmacy fraud, is an increasingly serious problem across the United States, with Indiana being no exception. It refers to an act of illegally obtaining prescription medication through fraudulent means. This crime is viewed seriously by Indiana law, and those found guilty are subject to severe penalties.

This blog post aims to shed light on the laws surrounding prescription fraud in Indiana, the potential penalties that one might face if charged, and the defense strategies that can be employed in such cases. Stay tuned as we delve into the intricacies of pharmacy fraud charges, common defenses in such cases, and the implications of prescription fraud sentencing.

Call 317-636-7514 When You Need a Prescription Fraud Lawyer in Indianapolis Indiana

Understanding Prescription Fraud Charges

Prescription drug fraud charges in Indiana can stem from a range of activities, including but not limited to:

Doctor Shopping – visiting multiple doctors to obtain the same prescription medication.

Pharmacy Hopping – filling prescriptions at different pharmacies without informing the pharmacists.

Altering or Forging Prescriptions – changing information on a valid prescription or creating a fake one.

Prescription Theft – stealing prescription pads or forms to obtain medication.

Impersonating a Healthcare Professional – posing as a doctor or nurse to obtain prescriptions.

In Indiana, these actions are considered felonies and can result in severe legal consequences. It is also important to note that even the possession of a controlled substance without a valid prescription is unlawful and can lead to criminal charges.

Penalties for Prescription Drug Fraud in Indiana

The potential penalties for pharmacy fraud in Indiana depend on several factors, including the specific charges and the amount and type of medication involved. However, some common penalties that one may face if convicted of prescription fraud include:

Jail time – Depending on the severity of the offense, a conviction could result in a prison sentence ranging from months to years.

Fines – Prescription fraud convictions can also result in hefty fines, which can add up to thousands of dollars.

Probation – In some cases, the court may impose probation as an alternative to jail time. This involves being monitored and adhering to specific conditions set by the court.

License Suspension – A conviction for prescription fraud could also lead to the suspension or revocation of a professional license, such as a medical license.

Reputation Damage – Prescription fraud is a serious offense that can have lasting effects on one’s personal and professional reputation.

Defense Strategies for Prescription Fraud Cases

If you are facing prescription fraud charges in Indiana, it is essential to seek legal representation immediately. A skilled criminal defense attorney can help build a strong case and potentially reduce or dismiss the charges against you. Some common defense strategies in pharmacy fraud cases include:

Lack of Intent – In some cases, it may be possible to argue that the defendant did not have the intention to commit prescription fraud.

Invalid Search Warrant – If evidence was obtained through an invalid search warrant, it could potentially be dismissed in court.

Mistaken Identity – It is possible for someone to be falsely accused of prescription fraud due to mistaken identity.

Lack of Evidence – The prosecution must prove beyond a reasonable doubt that the defendant committed prescription fraud. If there is insufficient evidence, the charges may be dismissed.

Prescription Fraud Sentencing in Indiana

Prescription fraud sentencing in Indiana takes into consideration various factors such as the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating circumstances. In general, first-time offenders may receive lighter sentences compared to repeat offenders or those involved in larger-scale operations. Additionally, some alternatives to incarceration such as drug treatment programs may be available for eligible individuals.

In Summary

Prescription fraud is a serious crime that can lead to severe legal consequences. If you are facing pharmacy fraud charges in Indiana, it is crucial to seek legal representation and understand the laws, potential penalties, and defense strategies surrounding this offense. Remember, ignorance of the law is not a valid defense.

Looking for aggressive criminal defense that can get you the best possible outcome in court for your fraud charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense charge defense lawyer who can skillfully fight your prescription fraud charges in Indianapolis, Indiana. Act now while there is still ample time to build your defense and secure your freedoms.

The Penalties for Prescription Drug Criminal Charges in Indiana

Posted on April 7, 2023 by admin

If you’ve been charged with a prescription drug crime in Indiana, it’s important to understand the possible penalties that come with a conviction. Depending on the degree of your offense and other factors, you could be facing serious consequences such as jail time and hefty fines. In order to protect yourself from the worst-case scenario, it is essential to become familiar with Indiana’s laws surrounding narcotics charges and contact an experienced Indianapolis drug crime lawyer who can help build your defense.

In this blog post, we will break down the various types of prescription drug crimes in Indiana and their associated punishments so that you can make informed decisions about how best proceed if you are charged with a narcotic-related offense. We will also provide tips for choosing an experienced drug charge attorney who can fight on your behalf in court and secure favorable outcomes for your case.

Call 317-636-7514 to Speak With a Prescription Drug Criminal Lawyer in Indianapolis

Types of Prescription Drugs and Criminal Charges

A variety of man-made drugs are commonly trafficked and abused on the black market, primarily tranquilizers, benzodiazepines, opioid painkillers, and stimulants. In more recent years, illegally made fentanyl has become increasingly popular among drug dealers due to its high potency and low manufacturing costs. The dangers posed by opioids, benzos, prescription stimulants, depressants, and fentanyl cannot be underestimated. Many users who purchase these substances from drug dealers can unknowingly become addicted or experience serious side-effects. This is why regulatory measures continue to be taken to curtail illegal sales of controlled pharmaceuticals through dealers.

The most common types of prescription drug crimes in Indiana are possession, manufacturing, distribution, and trafficking. Depending on the number and type of drugs involved, your charge could range from a misdemeanor to a felony offense. The punishment for each crime varies as follows:

Possession: Possession of narcotics without proper authorization is illegal and can lead to misdemeanor or felony charges depending on the amount and type of drug. Punishment typically includes jail time ranging from one year or more, along with fines up to $10,000.

Manufacturing: Manufacturing controlled substances in Indiana carries punishments of up to 10 years in prison and fines up to $100,000 if convicted.

Distribution: Distributing narcotics without a prescription carries the same penalties as manufacturing, but with increased fines up to $150,000.

Trafficking: Trafficking narcotics across state lines is considered a federal offense and carries the harshest punishments of all including up to 20 years in prison and fines of up to $1 million.

Are You Facing a Prescription Drug Charge?

No matter what type of drug crime you’ve been charged with in Indiana, it’s important that you seek legal help from an experienced drug crime lawyer in Indianapolis who can provide personalized guidance for your situation. A criminal attorney can review the facts of your case and determine if there are any potential defenses that can help reduce or dismiss your charges. They will also be able to advise you on the best course of action to take in order to secure the most favorable outcome for you.

Were you just arrested for a drug crime related to prescription pills or medications? If you’ve been charged with a prescription drug crime in Indiana, contact David E. Lewis, Attorney at Law, at 317-636-7514 today for knowledgeable and experienced legal representation. Our Indianapolis drug crime attorneys will provide you with personalized advice and develop an effective defense strategy that protects your rights and preserve your freedoms. Act now before it’s too late!

What to Do if You are Facing Prescription Drug Charges in Indianapolis

Posted on October 27, 2021 by admin

Getting caught with illegal prescription drugs is a serious crime in our state. If it happens to you, act now to protect yourself. Don’t fall victim to the maximum penalties for your prescription drug charges in Indiana. Let a seasoned Indianapolis criminal defense attorney build an impactful defense to protect your rights and preserve your freedoms.

Continue below to learn exactly what you need to do to ensure your criminal defense is aggressive enough to reduce or dismiss your Indiana prescription drug charges.

Prescription Drug Charge Lawyer Indiana 317-636-7514

Prescription Medications are a Schedule II Drug in Indiana

According to Indiana Code 35-48-2-6, Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.

Prescription drug crimes have become an exponential epidemic in the United States over the past five years. And Since Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, there will always be a need for a tough criminal defense drug crime lawyer in Indianapolis.

Your First Step After Being Arrested on Prescription Drug Charges

If you have been recently arrested for prescription drug possession or trafficking, you need David E. Lewis, Attorney at Law, on your side. He will build a strong custom defense based on your unique case circumstances to obtain a better outcome for you in court.

Attorney David E. Lewis understands just how damaging a prescription drug conviction can be to a person’s life, as well as the lives of their loved ones. It can negatively affect almost every aspect, from student financial aid and employment possibilities to child custody privileges, housing rental, loans, driving privileges, and much more.

For this reason, the law firm of David E. Lewis stays ahead of the trial and investigates and argues every facet and allegation of a client’s case to preserve their constitutional rights as well as their future. Contact us today at 317-636-7514 so we can begin to fight your Indianapolis IN prescription drug charges. We represent clients all throughout the state of Indiana.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Were You Arrested for Prescription Drug Possession in Indiana?

Posted on September 3, 2019 by admin

Prescription drug use is prevalent here in Indiana. But as a schedule II narcotic, you will be arrested if you are caught in possession of such drugs without a valid prescription, and therefore, face a long list of penalties. Continue reading to learn what you need to do to protect your rights and preserve your freedoms when facing prescription drug charges in Indiana.

Schedule II Drugs

Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Indiana Prescription Drug Penalties

Your prescription drug charges can be further enhanced as a more serious offense if certain facts are present during your arrest. Examples of possible prescription drug possession enhancements:

➨ Drug Manufacturing
➨ Priors for Dealing
➨ Possession of Firearm
➨ In Drug-Free Zones
➨ Presence of Children
➨ On School Grounds or Within 500 Feet
➨ Dealing to a Minor
➨ On or Within 500 Feet of a Park or School Bus
➨ Dealing to Someone 3 Years One’s Junior
➨ And More

Even without enhancements, the penalties for prescription drug possession can be harsh…

POSSESSION:
➥ 0 Months to 1 Year in an Indiana County Jail Facility
➥ Probation up to 1 Year
➥ Fine up to $5,000 – Not including court costs and probation fees
➥ Class A Misdemeanor

DEALING – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

DEALING – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

DEALING – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Unfortunately, Indiana does not view drug addiction as a health epidemic, but rather a crime, if you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense attorney representing your legal best interests. Otherwise, you face the possibility of being sentenced to the maximum penalties for your crime.

If you or someone you know is struggling with addition, please refer to the National Institute on Drug Abuse for information that can help.

Prescription Drug Defense in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for prescription drug defense in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

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