Legal Question in Criminal Law in Washington

prescription fraud

My daughters boyfriend altered the quanity of percocet on his prescription from 15 to 75 and tried to use medical coupons to pay for it. What are the maximum and minimum penalties for this offense and what is the usual amount of bail?


Asked on 9/15/03, 9:31 pm

2 Answers from Attorneys

Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: prescription fraud

It depends what he was charge with , typically a class c felony and it also depends on his prior criminal history if any. Bail really is at the discretion of the court and in this case depends on if he has any failures to appear for court.

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Answered on 9/16/03, 12:48 pm
Paul Ferris Law Office of Paul T. Ferris

Re: prescription fraud

From your point of view, I suspect, not long enough.

The maximum penalty for forging a prescription for a legend drug (prescription required) is 10 years and a $20,000 fine. There is no minimum mandatory penalty.

Washington state uses a sentencing matrix wherein the penalty for an offense is determined by an offender's score, which is based upon the seriousness of the offense and prior criminal history. For example, if a person with no prior criminal history is convicted of forging a prescription for a legend drug, he faces a jail sentence of 0-60 days.

He may also be eligible for alternatives: drug court; drug offender sentencing alternative; and first offender waiver (the latter serves little purpose if the standard penalty is less 0-90 days).

If he is under the age of 21, he faces the loss of his driving privilege for 1 year (with possible early reinstatement after 90 days).

The number of alternatives is enough to seek competent legal advice. He should retain an attorney or apply for court-appointed counsel.

He should also consider that a reduction to Forged Prescription - Non Legend Drug is a class felony with a maximum sentence of 5 years. Class C felonies can be vacated from a person's record 5 years after probation ends; class B felonies cannot be vacated until 10 years after probation is terminated.

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Answered on 9/15/03, 11:19 pm


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