Obtaining a Controlled Substance by Fraud in Melbourne

Three-Partner Review for Prescription Fraud Allegations

Prescription fraud allegations often turn on what was represented, what information was concealed, and whether the evidence proves fraudulent intent. At Funk, Szachacz & Diamond, all three partners review and strategize on every client file, bringing multiple perspectives to the facts, statutory allegations, and prosecution’s evidence.

Every attorney at our firm is a Florida Bar Board-Certified Criminal Trial Specialist, a distinction held by fewer than one percent of Florida lawyers. Our background includes complex fraud litigation, including an acquittal on 166 fraud counts involving space vehicle parts. We apply that trial-focused experience to prescription fraud investigations and charges in Melbourne, Florida, and Brevard County.

If you’re under investigation or facing a charge, call (321) 360-4446 for a free, no-obligation consultation about your options.

Florida’s Controlled Substance Fraud Charge

The offense commonly called prescription fraud involves acquiring or attempting to acquire a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge. It’s prohibited by Florida Statute § 893.13(7)(a)9.

The offense is classified as a third-degree felony in Florida and carries up to five years in prison. The precise conduct alleged matters more than the informal label. An accusation involving a forged prescription may present different factual and evidentiary questions than one based on alleged concealment from a practitioner.

What Happens After You Contact Our Firm

Our process begins with an initial consultation and an assessment of the investigation, arrest, or filed charge. We identify the alleged conduct, discuss what has happened so far, and determine the immediate procedural posture. Prescription fraud cases in Brevard County often proceed through the Brevard County courthouse in Viera or another nearby courtroom.

Investigation & Evidence Review

We review the available records and evidence before determining which factual or legal questions require further investigation. This may include evaluating prescription-related documents, statements, and the circumstances surrounding the alleged transaction. We then compare the proof with every element the prosecution must establish.

From Pre-Trial Proceedings Through Appeal

Our attorneys prepare for pre-trial motions and hearings based on the evidence and court record. These proceedings may affect what evidence can be used, which allegations remain disputed, and how the case moves forward. We also handle plea negotiations and consider alternatives when appropriate for the charge and the client’s circumstances.

If a case proceeds to trial, we prepare to challenge the prosecution’s evidence and present the defense supported by the facts and law. Our representation can also include a possible appeal when the record provides grounds for appellate review.

Discuss a Prescription Fraud Charge with Our Attorneys

A free, no-obligation consultation is an opportunity to discuss the allegation, ask questions, and understand the available options. Our contact form is available whether you’re facing a filed charge or have learned that you’re under investigation.

Call (321) 360-4446 to speak with Funk, Szachacz & Diamond about prescription fraud defense in Melbourne, Florida, or Brevard County.