Charged with Obtaining a Controlled Substance by Fraud or Deceit?
In Indiana, obtaining a controlled substance by fraud or deceit is typically a Level 6 felony, carrying 6 months to 2.5 years in prison and up to $10,000 in fines — and for licensed healthcare professionals, a conviction can separately trigger suspension or revocation of their professional license.
Facing felony charges for obtaining a controlled substance by fraud or deceit is a serious matter that can significantly impact your life, both personally and professionally. Such charges come with severe criminal penalties, including hefty fines and potential jail time. However, the consequences extend beyond the courtroom, especially for healthcare professionals who hold a professional license; a criminal conviction can jeopardize your professional license, putting your career and livelihood at risk.
The experienced Indiana defense lawyers at Keffer Hirschauer LLP understand the gravity of controlled substance charges and the dual threat they pose. Our team of experienced, skilled litigators bring a depth of experience to the table, particularly in navigating the complex intersections of criminal defense and professional licensing matters.
If you’re facing charges of obtaining a controlled substance by fraud or deceit in Indiana, do not hesitate to contact our Indianapolis law firm today at 317-648-9560 or complete our online contact form to schedule a free consultation. We can help you craft a comprehensive and effective defense strategy aimed at mitigating both criminal penalties and professional consequences.
What Counts as Obtaining a Controlled Substance by Fraud or Deceit in Indiana?
There are a variety of circumstances under which a person may be charged with a criminal offense related to obtaining a controlled substance by fraud or deceit in Indiana. Generally, these laws apply to any person who holds an Indiana professional license that requires compliance with the Indiana Health Professions Standards of Practice. These laws also apply to licensed pharmacists, optometrists, podiatrists, physicians, nurses; and a handful of other healthcare-related entities, like a private mental health institution, hospital, home health agency, pharmacy, etc.
Under Indiana Code 35-48-4-14, a person or entity described above who recklessly, knowingly, or intentionally distributes or dispenses a controlled substance in violation of the Indiana registration and control rules may be charged with a Level 6 felony in Indiana. In addition, a person may be charged with a Level 6 felony for any of the following, related actions:
- recklessly, knowingly, or intentionally manufacturing or financing the manufacture of a controlled substance not authorized by the person’s registration or distributes or dispenses a controlled substance not authorized by the person’s registration to another registrant or other authorized person
- recklessly, knowingly, or intentionally failing to make, keep, or furnish a record, a notification, an order form, a statement, an invoice, or information required under this article
- recklessly, knowingly, or intentionally refusing entry into any premises for an inspection authorized by this article
- knowingly or intentionally distributing as a registrant a controlled substance classified in schedule I or II, unless done in compliance with order forms required by Indiana Code 35-48-3-8.
- using a federal or state registration number that is fictitious, revoked, suspended, or issued to another person in the course of the manufacturing, financing of manufacturing, or distribution of a controlled substance
- furnishing a false or fraudulent material information in, or omitting any material information from, an application, report, or other document required to be kept or filed under this article; or
- making, distributing, or possessing a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or a likeness of any of the foregoing on a drug or container or labeling thereof so as to render the drug a counterfeit substance
- knowingly or intentionally acquiring possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, alteration of a prescription order, concealment of a material fact, or use of a false name or false address*
- knowingly or intentionally affixing any false or forged label to a package or receptacle containing a controlled substance*
- duplicating, reproducing, or printing any prescription pads or forms without the prior written consent of a practitioner*
*charges may be elevated to a Level 5 felony if the person has a prior conviction for an offense relating to registration labeling and prescription forms.
What Are the Criminal Penalties for Obtaining a Controlled Substance by Fraud or Deceit?
When a person is obtaining a controlled substance by fraud or deceit in Indiana, they’re most often charged with a Level 6 felony. The Indiana sentencing guidelines state that the range of punishment for a Level 6 felony in Indiana is between 6 months and 2.5 years in prison, and a fine of up to $10,000. The advisory sentence for this Indiana felony level is 1 year in prison. However, courts are not required to use the advisory sentence as a starting point except in limited scenarios, like when sentencing someone for nonviolent offenses that arise out of a single episode of criminal conduct. So, in other words, a trial court has a great amount of discretion to impose a sentence anywhere within the sentencing guidelines range.
What Professional Penalties Can Follow a Conviction?
Per Indiana Code 25-1-9-9, professional license boards and commissions have the authority to impose various penalties on those have been convicted of obtaining a controlled substance by fraud or deceit in Indiana. These penalties range from fines and reprimands to the suspension or revocation of licenses. In general, boards and commissions consider both the severity and nature of the violation when determining the appropriate penalty; however, for many healthcare professionals convicted of such crimes, these consequences can be career-altering.
Prior to sanctions being imposed, practitioners will often be called before the board for an evidentiary hearing on the matter at hand. At this hearing, the Board or commission will hear evidence from both sides, including from the practitioner. At the conclusion of the hearing, the Board will issue written findings of fact and conclusions of law and determine the appropriate disciplinary action. The Board may impose any of the following sanctions, singly or in combination, against a practitioner:
- Permanent revocation of license
- Suspension of license
- Censure of the licensee
- Written reprimand of licensee
- Placement of the licensee on probation
- Required participation in the Indiana Professional Recovery Program
- Assessment of a civil penalty of not more than $1,000 per violation
Why Is Hiring an Indiana Defense Attorney Important?
When facing charges for obtaining a controlled substance by fraud or deceit in Indiana, hiring an experienced defense attorney is crucial. The legal landscape surrounding drug-related offenses is complex and constantly evolving, making it imperative to have knowledgeable legal representation by your side. A skilled Indiana criminal defense attorney can navigate these intricacies, ensuring that you receive a fair trial and the best possible outcome for your case.
An Indiana defense attorney will thoroughly investigate the charges against you, scrutinize the evidence, and identify any weaknesses in the prosecution’s case. They will also ensure that your rights are protected throughout the legal process, from the initial investigation to the trial and any potential appeals. With their expertise, they can negotiate plea deals, argue for alternative misdemeanor sentencing, and/or, if necessary, mount a vigorous defense in court.
Moreover, if you hold a professional license, the stakes are even higher. A criminal conviction can lead to disciplinary actions, including the suspension or revocation of your license. An attorney with experience in professional license defense understands the specific challenges you face and can develop a comprehensive strategy to protect both your freedom and your career.
What Defense Strategies Can Be Used?
When charged with obtaining a controlled substance by fraud or deceit, it is essential to explore all potential defense strategies to mitigate the impact of these serious allegations. At Keffer Hirschauer LLP, our experienced attorneys employ a variety of defense tactics tailored to the specifics of each case. Here are some common strategies we might consider:
1. Challenging the Evidence: One of the primary strategies involves scrutinizing the evidence against you. This can include questioning the legality of how the evidence was obtained, ensuring there was no violation of your constitutional rights.
2. Proving Lack of Intent: A key element in charges of obtaining a controlled substance by fraud or deceit is proving intent. We can argue that there was no intent to deceive or commit fraud. This might involve demonstrating that any misrepresentation was a mistake or that you genuinely believed you were entitled to the substance.
3. Prescription Validity: In some cases, the defense might center around the validity of the prescription. If you obtained the controlled substance through a valid prescription from a licensed medical professional, we could argue that you acted within legal boundaries and did not engage in fraudulent behavior.
4. Questioning Witness Credibility: Witness testimony often plays a critical role in such cases. We will thoroughly examine the credibility of witnesses, looking for inconsistencies or ulterior motives that might undermine their reliability. Discrediting key witnesses can create reasonable doubt and significantly impact the case’s outcome.
5. Alternative Explanations: Presenting alternative explanations for your actions can also be an effective defense strategy. This might include demonstrating that the circumstances were misinterpreted or that there was a legitimate medical need for the substance.
Facing Charges of Obtaining a Controlled Substance by Fraud or Deceit?
If you’re facing charges of obtaining a controlled substance by fraud or deceit, or diverting a legend drug in Indiana, you’ll need to hire the best Indiana criminal defense lawyer possible. Furthermore, if you’re a licensed Indiana healthcare practitioner, you’ll want to find a law firm that employs professional license defense lawyers, as well. This will ensure that all relevant matters are being handled a competent, informed team that knows what it will take to protect your freedom, future, and livelihood.
Keffer Hirschauer LLP employs both criminal defense and professional license defense attorneys. Our Indianapolis attorneys are adept at crafting strategic defenses tailored to the unique facts of each case. We leave no stone unturned in our quest to protect your rights and achieve the best possible outcome. If you are facing charges for obtaining a controlled substance by fraud or deceit, contact us today at 317-648-9560 or complete our online contact form to schedule a free consultation. We are available to discuss how we can defend your case and safeguard your future.
