Prescription Fraud Defense in Tucson, Arizona

Facing a prescription fraud charge in Arizona can be overwhelming. Many people accused of this offense are not hardened criminals. They are often individuals struggling with pain management, dependency, or a difficult personal situation. Unfortunately, prosecutors in Tucson and Southern Arizona pursue these cases aggressively, treating them as serious felonies with long-term consequences.

If you or someone you care about has been charged with prescription fraud, it is important to understand the law, the potential penalties, and the defenses that may be available. With the right legal strategy, it may be possible to protect your record, your career, and your future.

What Is Prescription Fraud?

Under A.R.S. § 13-3406, prescription fraud refers to obtaining or attempting to obtain prescription drugs by unlawful means. The law covers several types of conduct, including:

• Forging or altering a prescription
• Using a fake, invalid, or stolen prescription
• Using another person’s identification to fill a prescription
• Lying to a doctor or pharmacist to get medication
• Seeking the same prescription from multiple doctors, also known as “doctor shopping”

The most commonly targeted medications include opioid painkillers such as Oxycodone, Hydrocodone, and Morphine, benzodiazepines like Valium and Xanax, and stimulants such as Adderall.

In Tucson, these cases often begin when a pharmacy flags an irregular prescription or when a medical provider suspects duplicate or altered prescriptions. Many people accused of prescription fraud are dealing with a legitimate medical condition, but law enforcement may still treat the situation as intentional deception.

Penalties for Prescription Fraud in Arizona

Arizona law treats prescription fraud seriously. The possible penalties depend on the circumstances and the type of conduct involved:

• 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 prescription drugs for sale – 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))

A conviction can also lead to probation, community service, mandatory counseling, and a permanent criminal record that affects employment, housing, and professional licensing. Individuals who work in healthcare or hold state-issued licenses may face disciplinary action even for misdemeanor offenses.

Federal Prescription Fraud Cases

Most prescription fraud charges in Pima County are handled in state court, but some cases may fall under federal jurisdiction through the Controlled Substances Act (21 U.S.C. § 841). This occurs when the allegations involve large quantities of drugs, activity across state lines, or suspected distribution networks. Federal cases often carry longer sentences, higher fines, and more complex procedures. Having an attorney experienced in both state and federal court can make a significant difference.

Building a Strong Defense

Every prescription fraud case is unique. In some situations, the evidence may be weak or incomplete. In others, there may be explanations that prosecutors overlook. A strong defense begins with understanding the facts and challenging how the case was built.

Possible defenses include:

• Lack of intent – The accused did not knowingly try to deceive anyone.
• Mistaken identity – Another person used the accused’s name or information.
• Invalid search or seizure – Evidence was collected unlawfully and should not be used in court.
• Entrapment – Law enforcement pressured or encouraged the accused to commit the act.

For first-time offenders or individuals struggling with addiction, treatment-based resolutions and diversion programs may also be available. These programs focus on recovery rather than punishment and can help prevent a permanent conviction.

Compassionate Legal Help in Tucson

At Damianakos Law, we understand that a prescription fraud charge can be a frightening experience. You may feel embarrassed, stressed, or uncertain about your next steps. Our firm approaches every case with respect and empathy because we know that people make mistakes and that many of these situations have deeper personal or medical roots.

Elias Damianakos represents clients throughout Tucson and Southern Arizona in prescription fraud and other criminal cases. He takes the time to listen to your story, review the evidence, and build a defense that focuses on your best possible outcome. Whenever possible, he works to have charges reduced or dismissed.

Get Help Today

If you are facing prescription fraud charges in Tucson or Southern Arizona, do not try to handle the situation alone. The earlier you speak with a defense attorney, the better your chances of achieving a favorable result.

Contact Damianakos Law today for a free and confidential consultation. You will receive clear answers, honest guidance, and dedicated representation focused on protecting your rights and your future.