Description

A person who forges or alters a prescription or who issues or utters an altered prescription bearing a forged or fictitious signature for any narcotic drug, or who obtains any narcotic drug by a forged or altered prescription may be charged with Forging or Altering a Prescription.

What does the prosecutor have to prove?

1. Defendant forged, altered, or issued a prescription for a narcotic drugs. or
1. Defendant knowingly obtained or had in his or her possession any narcotic obtained by a forged, altered, or fictitious prescription.
2. The signature on the prescription was forged, fictitious, or the prescription had been altered.
3. Defendant knew the signature on the prescription was forged, fictitious or the prescription had been altered. [HS 11368]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?Yes
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No