Prescription Fraud Attorney
Serving Wyoming & South Dakota
Prescription fraud is a serious offense that carries steep penalties in Wyoming and South Dakota. If you are accused of obtaining or distributing prescription drugs illegally, you could be facing criminal charges that may affect your freedom, career, and future. At Just Criminal Law, we know how overwhelming it can be to face such allegations. Our experienced Gillette prescription fraud lawyer provides strong defense strategies tailored to your case, protecting your rights and working toward the best possible outcome.
Call (307) 300-2240 to schedule a consultation today.
What is Prescription Fraud?
Prescription fraud occurs when someone illegally obtains or distributes prescription medications through deception, forgery, or misrepresentation. Law enforcement and prosecutors take these charges seriously, especially since prescription drug abuse has been tied to the broader opioid crisis in the U.S.
Common Examples of Prescription Fraud Include:
- Doctor shopping – visiting multiple doctors to obtain several prescriptions for the same medication.
- Forging prescriptions – creating or altering a doctor’s prescription pad or digital order.
- Impersonating medical staff – calling or presenting oneself as a doctor, nurse, or pharmacist to obtain drugs.
- Using fake patient information – giving false details to secure prescription medication.
- Altering dosage instructions – changing the quantity, strength, or refill information on a prescription.
- Pharmacy fraud – attempting to fill a fraudulent prescription at multiple pharmacies.
- Illegal distribution – selling or giving prescription drugs to others without authorization.
Even if you believe the matter is minor or a misunderstanding, law enforcement will likely treat prescription fraud as a felony-level offense.
Penalties for Prescription Fraud in Wyoming
In Wyoming, prescription fraud is prosecuted under state drug laws, which impose severe punishments. Depending on the circumstances, you may be charged with a misdemeanor or a felony.
- Misdemeanor Charges: Involving a smaller amount of drugs or first-time offenders. Penalties may include fines up to several thousand dollars and up to one year in jail.
- Felony Charges: More serious cases, such as forging prescriptions or attempting to distribute medications, can result in up to 10 years in prison and fines up to $10,000 or more.
- Aggravating Factors: Previous convictions, involvement in drug trafficking, or possession of opioids like oxycodone, hydrocodone, or fentanyl may lead to enhanced penalties.
Wyoming courts are strict with prescription-related offenses, and prosecutors may push for maximum sentencing to discourage prescription drug abuse.
Penalties for Prescription Fraud in South Dakota
South Dakota has equally tough laws regarding prescription fraud. Fraudulent activity involving controlled substances may be charged as either a misdemeanor or felony depending on the nature of the offense.
- Class 1 Misdemeanor: Carrying up to one year in county jail and fines up to $2,000 for less severe cases.
- Felony Charges: Forging or altering prescriptions, doctor shopping, or distributing controlled substances can result in up to 10 years in prison and fines of $20,000 or more.
- Repeat Offenses: A prior conviction can drastically increase penalties, with some cases leading to mandatory minimum sentences.
In South Dakota, the courts consider prescription fraud a threat to public safety. That means even cases involving non-violent offenders may result in long-term consequences if not handled properly.
Legal Defense to Prescription Fraud
Every prescription fraud case is unique, and the right defense strategy will depend on the facts and circumstances. At Just Criminal Law, we carefully review all evidence against you, identifying weaknesses in the prosecution’s case. Possible defenses may include:
- Lack of intent: You may not have knowingly committed fraud, especially in cases involving misunderstandings with prescriptions or pharmacies.
- Unlawful search and seizure: If police violated your Fourth Amendment rights, evidence may be suppressed in court.
- Insufficient evidence: The prosecution must prove beyond a reasonable doubt that fraud occurred. If the evidence is weak or circumstantial, charges may be reduced or dismissed.
- Medical necessity or valid prescription: You may have had a legitimate need for the medication, supported by medical documentation.
- Mistaken identity: Fraudulent prescriptions may have been linked to your name without your involvement.
A strong defense can make the difference between a felony conviction and a favorable resolution such as reduced charges, probation, or dismissal.
FAQs About Prescription Fraud Charges in Wyoming and South Dakota
Is prescription fraud considered a felony?
In many cases, yes. Both Wyoming and South Dakota may charge prescription fraud as a felony, especially if forgery, distribution, or repeat offenses are involved.
Can I go to prison for prescription fraud?
Yes. Depending on the circumstances, prison sentences can range from one year to 10 years or more.
What if I had a valid prescription but was accused of fraud?
You may be able to show medical necessity or provide medical records to prove the prescription was legitimate.
Can prescription fraud charges be reduced or dismissed?
With the help of a skilled Gillette prescription fraud lawyer, it is possible to challenge the evidence and negotiate for reduced charges, diversion programs, or alternative sentencing.
Why should I hire a lawyer if I am charged with prescription fraud?
These cases are complex and can involve both state and federal law. An experienced lawyer can protect your rights, negotiate with prosecutors, and help minimize long-term consequences.
Get Your Defense Started Today
Prescription fraud charges can threaten your reputation, career, and freedom. Whether you are in Wyoming or South Dakota, you need a strong legal defense to protect your future. At Just Criminal Law, our team has extensive experience handling prescription drug-related cases and knows how to fight for your best outcome.
Let Just Criminal Law provide reliable legal support—reach out for a consultation and take the first step.
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