Prescription Drug Crimes Lawyer in Orlando
Retain Experienced Legal Representation from Our Orlando Drug Crime Attorney
When people think of drug crimes, narcotics such as heroin, meth, cocaine, and even cannabis often come to mind. However, the abuse of prescription drugs has become a national epidemic. From obtaining medication without a doctor’s note to prescription fraud, prescription drug crimes in Florida carry harsh sentences that can have a negative impact on a person’s life forever.
If you are facing prescription drug charges in Florida, The Wiseman Law Firm is committed to helping you get the outcome and justice you desire. With 24 years of trial-tested experience and time spent as a state prosecutor, our Orlando prescription drug crime lawyer can assess your case and develop a strong defense strategy to protect your rights and freedom. Let us help you get your life back on the right track.
Types of Prescription Drug Crimes & Penalties
Unlawful possession of prescribed medication occurs when an individual obtains a controlled substance without a prescription from a health care provider. Most prescription drugs are considered a Schedule II narcotic, meaning they have a high potential to cause abuse and addiction and require restriction of medicinal use.
Unlawful possession of a Schedule II prescription drug is a third-degree felony that carries a maximum prison sentence of five years and a fine no more than $5,000. Common types of Schedule II drugs include OxyContin, Percocet, codeine, fentanyl, morphine, and hydrocodone.
When an individual is found in possession of a substantial amount of a controlled substance, he/she could be charged with unlawful possession with intent to distribute or sell. For example, possession of at least 14 grams of OxyContin can be charged as a first-degree felony, which results in a prison sentence of up to 30 years.
Prescription fraud means obtaining a controlled substance through fraudulent and dishonest means. Common forms of this type of fraud include forging a doctor’s signature, misrepresenting the facts to get a prescription, and going to different doctors to obtain the same prescription without their knowledge (i.e. doctor shopping). This crime also applies to doctors who issue a prescription without a legitimate reason. Prescription fraud is often charged as a third-degree felony.
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Frequently Asked Questions About Prescription Drug Charges in Orlando
Is possessing a prescription medication without a valid prescription a felony in Florida?
In most cases, yes. Under Florida law, unlawful possession of a controlled substance — including a prescription medication like OxyContin, Xanax, or Adderall — without a valid prescription from a licensed healthcare provider is generally charged as a third-degree felony, carrying up to five years in prison and a $5,000 fine. If the quantity involved is large enough to trigger trafficking thresholds, the penalties escalate significantly, with mandatory minimum sentences that can reach decades in prison. The specific charge depends on the drug schedule, the quantity, and whether the State of Florida can establish any intent to distribute. Attorney Wiseman reviews every element of the State’s case to identify where charges may be challenged or reduced.
What is prescription fraud and how is it charged in Florida?
Prescription fraud involves obtaining a controlled substance through deception — common forms include forging a doctor’s signature, misrepresenting facts to obtain a prescription, and “doctor shopping,” which means visiting multiple providers to obtain the same medication without each doctor’s knowledge. In Florida, prescription fraud is typically charged as a third-degree felony, though the charge can escalate depending on the quantity of drugs obtained and the sophistication of the scheme. Doctors who issue prescriptions without a legitimate medical purpose can face the same fraud charges as patients. The Wiseman Law Firm has defended prescription fraud cases throughout Orlando and Orange County, and Attorney Wiseman’s background as a former state prosecutor gives him direct insight into how these cases are built and where they are most vulnerable to challenge.
Can prescription drug charges be reduced or dismissed in Florida?
Yes, in many cases. Several factors can affect whether charges are reduced or dismissed entirely. First-time offenders may qualify for a pretrial diversion or intervention program — successfully completing the program can result in the charges being dropped, leaving no conviction on your record. Even outside of diversion, strong defenses exist. If law enforcement conducted an unlawful search or seizure, the evidence obtained may be suppressed, which can significantly weaken the State’s case. Challenging whether you had knowing possession, whether the substance was actually a controlled prescription drug, or whether the quantity supports the charge alleged are all avenues Attorney Wiseman explores on behalf of clients in Orlando.
What is the difference between possession and trafficking for prescription drugs in Florida?
In Florida, the line between possession and trafficking is drawn by weight thresholds established in the Florida Statutes, not by whether you actually sold or distributed anything. If the quantity of a controlled substance meets the trafficking threshold — for example, 14 grams or more of oxycodone — you can be charged with trafficking even if the drugs were entirely for personal use. Trafficking charges carry mandatory minimum prison sentences that begin at three years and can reach 25 years or more depending on the quantity and substance involved. These minimums cannot be waived by a judge. Understanding where your case falls on the spectrum between possession and trafficking is one of the first things Attorney Wiseman assesses when he reviews a new prescription drug case in Orlando.
Do prescription drug charges in Florida affect my driver’s license?
Yes. Under Florida law, a conviction for certain drug offenses — including prescription drug charges — triggers a mandatory driver’s license suspension of one year for a first offense, with longer suspensions for subsequent convictions. This suspension is automatic upon conviction and is separate from any jail time or fines imposed by the court. For clients who depend on their license for work or daily life, this is one of the most practically significant consequences of a drug conviction. Attorney Wiseman addresses this issue directly as part of building the overall defense strategy, and works to achieve outcomes that protect both your freedom and your driving privileges wherever possible.
Due to the seriousness of the penalties associated with prescription drug crimes, it is in your best interest to seek legal representation. Our Orlando drug crime lawyer understands what it takes to either get your entire case dismissed or reduce the charges and/or penalties you face. We know that an arrest can happen at any time, which is why we are available 24 hours a day, seven days a week to offer legal assistance.
Contact us and speak with our experienced criminal defense attorney today.
