Prescription Fraud and Doctor Shopping – California Health and Safety Code 11173

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Strong Legal Representation for Prescription Fraud Charges in California

Prescription fraud and doctor shopping charges in California are prosecuted aggressively and can result in felony convictions that permanently affect your career, your professional licenses, and your immigration status. These cases frequently target people struggling with dependency who were obtaining medications to manage pain or withdrawal rather than for distribution and the consequences of a conviction are often disproportionate to the conduct involved. If you have been charged under 11173 hs you need an experienced Los Angeles prescription fraud attorney who understands how these cases are built and how to challenge every element of the prosecution’s case. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against prescription fraud and drug charges throughout Los Angeles County. Attorney Hashemi will personally review the facts of your case, analyze the evidence the prosecution intends to use, and explain every defense and diversion option available to you. Contact our office today at (310) 448-1529 for a free confidential consultation.

Prescription Fraud Under California Law

Health and Safety Code 11173 makes it a crime to obtain or attempt to obtain a controlled substance through fraud, deceit, misrepresentation, or subterfuge. The statute covers a broad range of conduct including presenting a forged or altered prescription, using a false name or address to obtain a prescription, obtaining multiple prescriptions for the same controlled substance from different physicians without disclosing prior prescriptions — commonly referred to as doctor shopping california — and making false statements to a physician or pharmacist to obtain a controlled substance.

The statute also covers healthcare professionals who prescribe controlled substances outside the legitimate practice of medicine and pharmacists or other licensed individuals who knowingly dispense controlled substances based on fraudulent prescriptions. When a licensed professional is charged under 11173 hs the professional licensing consequences are often as serious as the criminal consequences.

Doctor Shopping in California — How These Cases Are Built

Doctor shopping in California refers to the practice of visiting multiple physicians to obtain prescriptions for the same controlled substance without disclosing prior prescriptions. California’s Controlled Substance Utilization Review and Evaluation System — CURES — is a statewide prescription drug monitoring database that tracks every controlled substance prescription dispensed in California. Law enforcement and prosecutors use CURES data to identify patterns of prescription drug seeking that are inconsistent with legitimate medical need and to build prescription fraud cases before any arrest is made.

By the time a defendant is charged under 11173 hs prosecutors typically have months of CURES prescription history, pharmacy dispensing records, physician visit logs, and in some cases communications with prescribers or pharmacists. Our criminal defense attorney reviews the complete CURES record and every prescription-related document the prosecution intends to use from the first consultation because understanding the full scope of the alleged conduct is essential to building an effective defense.

Is Prescription Fraud a Felony or Misdemeanor in California?

Prescription fraud under 11173 hs is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on the quantity and type of controlled substances involved, the number of fraudulent prescriptions alleged, whether the defendant is a licensed professional, and the defendant’s prior criminal history. A misdemeanor conviction carries up to one year in county jail and fines. A felony conviction carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000.

Penalties for an HSC 11173 Conviction in California

The criminal penalties depend on whether the charge is filed as a misdemeanor or felony but the consequences of any conviction extend well beyond the sentence itself. A misdemeanor conviction carries up to one year in county jail and fines. A felony conviction carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000.

For licensed professionals including physicians, nurses, pharmacists, and dentists a conviction under this statute triggers mandatory reporting to the applicable licensing board and disciplinary proceedings that can result in suspension or permanent revocation of the license. For non-citizens a conviction triggers immigration consequences including potential deportation proceedings. All convictions result in a permanent criminal record affecting employment and background checks.

Prescription fraud first offense cases are frequently eligible for diversion programs that can result in dismissal with no conviction on the record. Our criminal defense attorney evaluates diversion eligibility from the first consultation and pursues every available program in eligible cases because avoiding a conviction entirely is the most important outcome in most prescription fraud prosecutions.

Elements of a Prescription Fraud Charge in California

To secure a conviction the prosecution must establish beyond a reasonable doubt:

  • The defendant obtained or attempted to obtain a controlled substance
  • The defendant used fraud, deceit, misrepresentation, subterfuge, or concealment of a material fact to do so
  • The defendant acted knowingly and intentionally

The knowledge and intent elements are frequently contested. When the defendant was unaware that their conduct constituted fraud — for example when they did not know they were required to disclose prior prescriptions to a new physician — the intent element can be challenged. When the prescription was legitimately issued by a treating physician who had full knowledge of the patient’s history the fraud element may not be established. Our criminal defense attorney examines every prescription, every physician interaction, and every CURES record in the prosecution’s possession to identify every weakness in the fraud theory.

Legal Defenses Against HSC 11173 Charges

The Prescriptions Were Legitimately Obtained

When the defendant had genuine medical conditions that required the medications prescribed and the prescribing physicians were aware of the patient’s full treatment history the fraud element cannot be established. Our criminal defense attorney presents the complete medical record, the treating physician relationships, and any documented medical necessity to challenge the prosecution’s characterization of legitimate treatment as prescription fraud.

No Intent to Defraud

Prescription fraud requires knowing and intentional deception. When the defendant was unaware that disclosing prior prescriptions was required, when the omission was inadvertent rather than strategic, or when the defendant genuinely believed each prescription was independently justified our criminal defense attorney builds the lack of intent defense through the defendant’s medical history, the physician relationships, and any evidence of good faith conduct throughout the prescription history.

The CURES Data Does Not Establish Fraud

CURES prescription monitoring data shows prescriptions dispensed but it does not by itself establish fraudulent intent. Patients with chronic pain conditions, cancer, or other serious medical needs may legitimately require multiple prescriptions from multiple physicians. Our prescription fraud attorney challenges the prosecution’s interpretation of CURES data by presenting independent medical expert analysis of whether the prescription pattern was consistent with legitimate medical need rather than fraudulent drug seeking.

Suppression of Evidence

When CURES records, pharmacy records, or other evidence was obtained through a warrant that lacked probable cause or through investigative steps that violated the defendant’s constitutional rights our criminal defense attorney files suppression motions immediately. Without the prescription history evidence the prosecution cannot establish the pattern of conduct the fraud theory depends on.

Contact a Los Angeles Prescription Fraud Attorney Today

Attorney Arash Hashemi has defended clients against prescription fraud and drug charges throughout Los Angeles County for over 20 years. When you contact our office he will review the complete prescription history the prosecution is relying on, analyze the CURES data and medical records, evaluate your eligibility for diversion programs that can result in complete dismissal, and give you an honest assessment of every defense available in your specific case. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing prescription fraud and drug charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.