A rapidly increasing charge throughout the state of New Jersey is Prescription Fraud. Increasing occurrences of this offense in addition to the statewide crackdown on the recreational use of prescription drugs are reasons why the state takes it so seriously. A conviction for prescription fraud can result in prison time and a permanent criminal record. Prescription Fraud cases can be complicated and serious. Due to the magnitude of the offense and the complexity of the facts, an experienced criminal defense attorney is necessary in order to navigate the court system and to pinpoint legal issues necessary to negotiate a successful deal with the prosecutor’s office. Successful resolutions of these cases include downgraded charges, remands, dismissal of charges, or admittance into Pre-Trial Intervention. The attorneys at the Law Offices of William A. Proetta dedicate a large portion of their practice exclusively to the defense of clients against heroin and prescription drug related charges throughout the State of New Jersey including prescription fraud. We represent individuals throughout New Jersey including Hoboken, Elizabeth, Toms River, Trenton, Mountainside, Neptune and Woodbridge. To learn more about how we can help you build a case strategy customized to meet your needs, contact one of our statewide offices today. To speak directly with an experienced prescription fraud attorney, call (732) 494-7900.
Obtaining Drugs by Fraud: N.J.S.A. 2C:35-13
The New Jersey statute for obtaining prescription drugs by fraud is listed below, in pertinent part, for your reading convenience.
- 2C:35-13. Obtaining Controlled Dangerous Substance by Fraud
It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.
Potential Penalties for Prescription Fraud
As provided in the above statute, the crime of prescription fraud is a third degree indictable offense. Penalties for a third degree felony conviction can be severe are some have been listed below as an example.
| 1) State Prison incarceration up to 3 – 5 years
2) State monitored probation 3) Suspension of your driver’s license 4) Fines of up to $50,000.00 5) A permanent criminal record 6) Deportation for non-citizens |
New Jersey Prescription Fraud Attorneys
All indictable offenses are heard up in the County Superior Courthouse and handled by the County Prosecutor’s Office. Due to the serious and complex nature of the crime, Prescription Fraud is often accompanied by companion charges that may include Forgery or Illegal Possession of Prescription Drugs. Will Proetta, the founding attorney of our law firm, has successfully defended clients against a wide array of criminal and municipal court charges including prescription fraud throughout his legal career. Our lawyers will work with the state on your behalf using skillful negotiation tactics and aggressive defense techniques to come to a successful resolution. Our law firm represents clients through New Jersey including Hudson, Middlesex, Union, Monmouth, Ocean, Somerset, and Mercer Counties. To speak with an experienced prescription fraud defense lawyer, contact us at (732) 494-7900.