Some of the most common types of drug crimes in Utah involve the illegal use of prescription medications. Law enforcement officers, pharmacists, and doctors often disagree about how crimes related to prescription drug abuse should be prosecuted.
Possession of an altered or forged prescription found in 58-37-8-(2)(a)(iii) prohibits any person from knowingly and intentionally possessing an altered or forged prescription or written order for a controlled substance.
Crimes related to a forged or altered prescription can involve procuring or attempting to procure a drug illegally by
altering a prescription
forging a doctor's name on a prescription
changing the number of pills on an otherwise valid prescription
filling another person's prescription by pretending to be that person
calling a pharmacy pretending to be a doctor's office or otherwise impersonating a member of the medical community to obtain a prescription
using other forms of fraud, deceit, misrepresentation, or subterfuge
by concealment of a material fact
stealing blank prescription forms from a doctor’s office
buying prescription drugs online
by other forms of theft
by use of a false statement in any prescription, chart, order, or report
The most commonly abused prescription pills include Oxycontin, Lortab, Vicodin, and Percocet. Related offenses include obtaining prescriptions from several different doctors (often called "doctor shopping").
Utah Attorneys for Possession of a Forged Prescription
If you were charged with possession of an altered or forged prescription or written order, a class B misdemeanor, contact an experienced Utah criminal defense attorneyat Brown, Bradshaw & Moffat, LLP, in Salt Lake City, Utah.
We represent clients on a variety of drug offenses including presenting an altered or forged prescription, obtaining a prescription under false pretenses, or doctor shopping. Contact us for a free consultation to discuss your case.
Additional Information about Possession of an Altered or Forged Prescription
Elements of Possession of an Altered or Forged Prescription
Utah Possession of an Altered or Forged Prescription Penalties
Possession of an Altered or Forged Prescription Resources in Utah
Elements of Possession of an Altered or Forged Prescription
The crime of possession of an altered or forged prescription or written order requires proof beyond all reasonable doubt of the following elements:
the defendant intentionally and knowingly possessed an altered or forged prescription or written order; and
knowing the altered or forged prescription or written order is for a controlled substance.
Dispensing a forged or altered prescription is also illegal.
Utah Possession of an Altered or Forged Prescription Penalties
Convictions for possession of an altered or forged prescription can carry severe consequences. These violations are punishable as class B misdemeanors for first convictions, class A misdemeanors for second convictions, and third-degree felony offenses for third or subsequent convictions.
Depending on the grade of the alleged offense, a person who is convicted could receive any of the following maximum sentences:
Class B Misdemeanor — Up to six months in jail and a fine of up to $1,000
Class A Misdemeanor — Up to one year in jail and a fine of up to $2,500
Third-Degree Felony — Up to five years in prison and a fine of up to $5,000.
Possession of an Altered or Forged Prescription Resources in Utah
Drug Enforcement Administration (DEA) Diversion Control Division — Find publications and manuals related to prescription drug crimes on this website. It also lists criminal cases against doctors and provides answers to questions about a number of prescription questions.
Find a Forged Prescription Defense Lawyer in Salt Lake City, UT
If you were arrested for allegedly possessing aforged or altered prescriptionin Utah, you should exercise your right to remain silent until you have the opportunity to contact Brown, Bradshaw & Moffat, LLP.
Call(801) 532-5297or fill out an online contact form today to have our lawyers review your case and discuss all of your legal options during a free initial consultation.
Criminal Defense — Utah
Frequently Asked Questions About Forged Prescription Crimes in Utah
1What actions can lead to a charge for an altered or forged prescription under Utah law?
Under Utah Code § 76-18-213, it is strictly prohibited to knowingly and intentionally possess an altered or forged prescription or written order for a controlled substance. This offense involves trying to procure medications through fraud, deceit, misrepresentation, or subterfuge. Common examples include forging a doctor's signature, changing the pill count or dosage on a legitimate prescription, stealing blank prescription pads from a medical office, pretending to be someone else to fill a prescription, or calling a pharmacy while impersonating a doctor or medical staff member.
Note: Actually creating or forging a prescription (as opposed to merely possessing it) may be charged as a separate offense under Utah Code § 76-18-218 (unlawfully making, forging, altering, or uttering a prescription), which can carry different penalties.
2Can I be charged if I didn't forge the document myself but simply tried to fill it?
Yes. To secure a conviction under Utah Code § 76-18-213, the prosecution does not have to prove that you were the person who physically altered or forged the paperwork. The state only needs to prove beyond a reasonable doubt that you intentionally and knowingly possessed the prescription or written order, and that you did so with the knowledge that it was altered or forged for a controlled substance.
3What are the specific criminal penalties for a first-time conviction of this offense?
Under Utah's sentencing guidelines, a first-time conviction for possessing a forged or altered prescription is prosecuted as a class B misdemeanor. According to the penalty metrics defined in Utah Code § 76-3-204 (imprisonment terms) and Utah Code § 76-3-301 (fines), a class B misdemeanor carries a maximum statutory penalty of up to six months in jail and a fine of up to $1,000.
4How severely do the penalties escalate if someone has prior prescription drug convictions?
Utah law enforces a strict misdemeanor-to-felony escalation path for repeat offenses under Utah Code § 76-18-213. If an individual faces a second conviction for a forged prescription offense, the charge is elevated to a class A misdemeanor, which carries up to one year in jail and up to $2,500 in fines.
A third or subsequent conviction bypasses misdemeanor status entirely and is prosecuted as a third-degree felony, exposing the defendant to a maximum sentence of up to five years in prison and a fine of up to $5,000.
5What are the related prescription drug offenses that a defense attorney can help me navigate?
Beyond simple possession of a forged prescription, individuals frequently face overlapping charges related to prescription fraud. This includes "doctor shopping," which involves visiting multiple medical practitioners to fraudulently obtain multiple overlapping prescriptions for commonly abused medications like Oxycontin, Lortab, Vicodin, or Percocet. Doctor shopping may be prosecuted under Utah Code § 76-18-215 (unlawful misrepresentation as an authorized person) or § 76-18-216 (unlawful conduct to obtain a controlled substance).
An experienced defense attorney can carefully review your case to protect your rights, challenge whether the state can prove your criminal intent, and look for opportunities to negotiate diversion programs or alternative sentencing options. Completing a substance abuse treatment program can sometimes lead to reduced charges or dismissal, particularly for first-time offenders.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
