Prescription Fraud
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Prescription Fraud Defense in Panama City
Every Count Is a Separate Felony
Prescription fraud charges in Florida arise under Florida Statute § 893.13(7)(a)9 — Obtaining a Controlled Substance by Fraud — and are classified as Third Degree Felonies carrying up to 5 years in state prison. The charge is broad: it covers forging prescriptions, misrepresenting identity, doctor shopping, impersonating a healthcare provider, and possessing blank prescription forms.
The element that most clients do not know at the time of arrest: the State frequently charges each fraudulent act or prescription as a separate felony count. A person who visited four doctors and obtained four prescriptions using a false history faces four separate felony charges, each carrying up to 5 years. If the quantities of opioids involved meet trafficking thresholds — as low as 4 grams of certain substances — mandatory minimum sentences apply.
Rusty Shepard is a former Assistant State Attorney who has both prosecuted and defended prescription fraud cases in Bay County courts for over 25 years. He understands how the FDLE prescription monitoring program is used to build these cases, how doctor shopping patterns are identified, and where the evidence is most vulnerable to challenge.
What Constitutes Prescription Fraud Under Florida Law
- Forgery or alteration — falsely making, altering, or counterfeiting a prescription; knowingly presenting a forged prescription
- Misrepresentation — using false names, addresses, or statements of medical need to obtain a controlled substance
- Doctor shopping (§ 893.13(7)(a)8) — knowingly withholding from a prescribing physician that you have received the same or similar controlled substance from another physician within the last 30 days. A separate Third Degree Felony.
- Impersonation — falsely assuming the identity of a physician or pharmacist to obtain or call in a prescription
- Possession of blank prescription forms not signed by a practitioner
Critically: under Florida law, an attempt to obtain medication by fraud is sufficient for conviction — the completed transaction is not required.
When Prescription Fraud Becomes Trafficking
If the total amount of opioids or other controlled substances obtained through fraud meets Florida’s statutory trafficking thresholds, the charges escalate to mandatory minimum territory:
- Opioids/Morphine: 4+ grams — mandatory minimum 3 years; 14+ grams — mandatory minimum 15 years; 28+ grams — mandatory minimum 25 years
- Hydrocodone: 14+ grams triggers trafficking classification
- Oxycodone: 7+ grams triggers trafficking classification
These mandatory minimums cannot be suspended, deferred, or reduced through probation. They must be served in state prison at 85% before any release eligibility.
Key Defense Strategies
- Lack of criminal intent — the misrepresentation was a genuine mistake, a prescription miscommunication, or a medical provider error. Intent is an element the State must prove.
- Doctor shopping challenge — multiple prescriptions from different providers may reflect legitimate medical need rather than criminal intent to deceive
- Fourth Amendment challenge — was the search that produced the prescriptions or the FDLE monitoring data obtained lawfully? Suppression of evidence is available where constitutional violations occurred
- Quantity challenge — trafficking weight enhancements require the prosecution to prove precise quantities through lab analysis. Chain of custody, lab procedure errors, and weight calculation methods are all challengeable
- PTI and drug court — where underlying substance use is a factor, diversion may be available for first-time defendants and may result in dismissal and expungement eligibility
Charged with prescription fraud in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Former ASA. Free consultation. Available 24/7. Each count is a separate felony — fight from day one.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepard Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.