It’s a crime under Washington law if you obtain or attempt to obtain a controlled substance by means of fraud, concealment of a material fact, or a false name. The criminal offense is a serious felony that can lead to years in state prison. Please contact a skilled criminal defense attorney now if you’re facing any type of drug charge in Washington State.
When Obtaining a Controlled Substance is a Crime Under Washington Law
RCW 69.50.403(1)(c) is the Washington statute that makes it a crime to obtain a controlled substance in some situations. In particular, the law makes it a crime for you to obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance by:
- Fraud, deceit, misrepresentation, or subterfuge,
- Forgery or alteration of a prescription or any written order,
- The concealment of a material fact, or
- The use of a false name or the giving of a false address.
For the purpose of this statute, a “controlled substance” is a drug or chemical that is regulated by the U.S. under the Controlled Substances Act.
Examples of a controlled substance include:
- Cocaine,
- Heroin,
- Codeine,
- Fentanyl,
- Hydrocodone,
- Amphetamine, and
- Methamphetamine.
What are the Penalties?
A violation of RCW 69.50.403(1)(c) is a Class C felony under Washington law. The crime is punishable by:
- Imprisonment in state prison for up to two years, and/or
- A maximum fine of $2,000.
Can a Defendant Raise a Legal Defense?
Yes. You can challenge a RCW 69.50.403(1)(c) charge with a legal defense. A common defense is for an accused to show that he/she had a lawful prescription for the controlled substance and obtained it via ordinary means.
Entrapment is another common defense in these cases, and it’s often raised when an accused is charged following an undercover police sting. The defense says that the defendant only committed a crime because a police officer lured him or her into doing so. It’s an acceptable defense provided that the accused shows he or she only committed the crime because of the entrapment.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a drug charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced drug crime attorneys at Black & Askerov have over 30 years of combined experience defending clients on various drug offenses. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!
