Prescription fraud is a serious offense that can lead to severe penalties, including fines and jail time. A prescription fraud conviction can also impact a person in other ways, both personally and professionally.
Individuals accused of prescription fraud do have legal defenses available to them. Understanding these defenses can help individuals better navigate the legal system.
Lack of intent
Lack of intent is one possible defense against prescription fraud. For instance, the unknowing use of a forged prescription does not constitute the intent to commit fraud.
Mistake or error
Prescription fraud can also result from a mistake or error. This could occur if a pharmacist misinterpreted a prescription or if there was a mix-up in the documentation. Proving that the fraud was unintentional can help build a defense.
Invalid prescription
Individuals accused of prescription fraud may defend themselves by asserting that the prescription was invalid. This could be due to various reasons, such as an expired prescription, an incorrect dosage or a prescription issued by an unauthorized individual. Establishing the invalidity of the prescription can weaken the prosecution’s case.
Duress or coercion
In some cases, coercion may play a role in prescription fraud. This defense involves demonstrating that a person acted under duress or coercion, meaning they felt compelled to engage in fraudulent activities against their will. Providing evidence of threats or intimidation can support this defense.
Entrapment
Entrapment is when law enforcement officers influence someone to commit a crime that they would not have otherwise committed. This defense focuses on proving that the defendant was unfairly manipulated into committing the crime.
A prescription fraud conviction can result in many negative consequences. As a result, people accused of this crime must explore all their legal options to pursue a good outcome.
