Prescription Fraud Charges

In Arizona, prescription fraud is a serious crime that prosecutors pursue aggressively. These cases usually involve individuals who are accused of obtaining or attempting to obtain prescription drugs through deception, forgery, or misrepresentation. With the rise in opioid use and other controlled medications, law enforcement has made prescription fraud a priority, often charging people with felonies that carry lasting consequences.

What Is Prescription Fraud?

Prescription fraud generally means acquiring prescription-only drugs by unlawful means. Under A.R.S. § 13-3406, a person may be charged with prescription fraud for actions such as:

• Forging or altering a prescription
• Using a fake, invalid, or stolen prescription
• Using someone else’s ID to fill a prescription
• Lying to a doctor or pharmacist to obtain medication
• “Doctor shopping” (seeking prescriptions from multiple providers)

Commonly targeted medications include opioid painkillers such as Oxycodone, Hydrocodone, and Morphine, as well as benzodiazepines like Valium or Xanax, and stimulants such as Adderall.

Penalties for Prescription Fraud in Arizona

Arizona law treats prescription fraud harshly. Penalties depend on the circumstances of the offense:

Manufacturing, selling, or distributing a misbranded drug → Class 4 felony, up to 3.75 years in prison (A.R.S. § 13-3406(B)(2)).

Possessing or transporting a prescription drug for sale, or importing prescription drugs -Class 6 felony, up to 2 years in prison (A.R.S. § 13-3406(B)(4)).

Other violations  – Class 1 misdemeanor, up to 6 months in jail and a $2,500 fine (A.R.S. § 13-707(A)(1); § 13-802(A)).

In addition to jail or prison time, a conviction creates a permanent criminal record that can affect employment, housing, and future opportunities.

Federal Prescription Fraud Cases

While most cases are filed in Arizona state court, prescription fraud can also lead to federal charges under the Controlled Substances Act (21 U.S.C. § 841), especially if the case involves trafficking or distribution. Federal prosecutions carry harsher penalties, longer prison terms, and more resources devoted to investigation.

Defending Prescription Fraud Charges

Every prescription fraud case is different, and the defense strategy will depend on the facts. The following are some of the most common defenses used in Arizona prescription fraud cases.

Lack of Intent

The prosecution must prove that you knowingly attempted to defraud. If you did not act with criminal intent, the charge may not stand.

Mistaken Identity

In some cases, the wrong person is accused of presenting a forged or altered prescription. Establishing that you were not the individual responsible can lead to dismissal.

Invalid Search or Seizure

If law enforcement obtained evidence through an unlawful search or in violation of the Fourth Amendment, that evidence may be suppressed, weakening the state’s case.

Entrapment

Police sometimes use undercover operations to target individuals suspected of prescription fraud. If law enforcement induced you to commit a crime you would not have otherwise committed, an entrapment defense may apply.

A strong defense can be the difference between a conviction and a reduced charge, diversion program, or dismissal.

Every case depends on the facts, and a strong defense can mean the difference between jail time and a reduced charge, or even a dismissal.

Diversion Programs for Prescription Fraud in Arizona

Not every prescription fraud case has to end in a conviction. In Arizona, certain defendants may be eligible for diversionary programs that focus on treatment rather than punishment. These programs are typically offered to first-time offenders and individuals whose conduct is tied to addiction instead of large-scale distribution.

TASC (Treatment Assessment Screening Center)

Counties such as Pima and Maricopa use TASC as an alternative to prosecution. Participants must complete drug treatment, counseling, and regular testing. If the program is successfully completed, the criminal charges can be dismissed.

Drug Court

Arizona operates specialized drug courts that combine judicial oversight with treatment services. Participants attend frequent hearings, undergo testing, and follow strict program rules. Successful completion often results in reduced charges or case dismissal.

Prosecutor-Led Diversion

In some cases, the county attorney may offer a formal diversion program or a plea to a reduced charge. These options are generally available to non-violent offenders with little or no prior criminal history.

Diversion is not guaranteed, and eligibility depends on the facts of the case and prosecutorial discretion. An experienced defense attorney can advocate for treatment-based alternatives and work to protect your future.

Get Help Today

If you are facing prescription fraud charges in Arizona, the stakes are too high to face alone. Elias Damianakos has the experience to challenge the government’s case, protect your rights, and fight for your future.

Call Damianakos Law today at 520-314-4125 or contact us online for a free and confidential consultation.