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What Are the Penalties for Forging Prescriptions?
Jeralyn Merritt

Q. 

What is the penalty for altering 4-5 prescriptions in North Carolina?



-- Anonymous

A. 

In every state, it is against the law to alter or forge a prescription for a controlled substance or to obtain a controlled substance by fraud or deceit. The penalties will vary from state to state.

In North Carolina, where you are from, it is unlawful for any person "to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge." The offense is either a Class 1 misdemeanor or a class 1 felony, depending upon how the state charges the crime and your intent in altering the prescription.

It is a class 1 misdemeanor unless the state both charges and proves that you intentionally committed the offense, in which case it is a Class 1 felony.

It is likely that each altered prescription will be charged as a separate crime. The penalties could run together (concurrently) or one after the other (consecutively). North Carolina has structured sentencing and there are specific rules regarding concurrent versus consecutive sentencing.

If you are concerned about being charged with altering multiple prescriptions, I strongly recommend you seek out an experienced criminal defense lawyer in that jurisdiction who can advise you as to how structured sentencing would be applied in your case. He or she can also advise you as to any legal defense you may have, if and when charges are filed, and the likelihood of prevailing. If your attorney does not believe you have a strong legal defense, he or she may suggest negotiating with the prosecutor in an attempt to obtain a result that would keep you out of jail and prison or from getting a felony on your record.



-- Jeralyn Merritt






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