From misdemeanors to felonies, our criminal defense representation ensures your rights are fiercely protected. Contact us now to start building your defense: (956) 395-3314.
What Texas Law Defines as Prescription Fraud
Texas Health and Safety Code Section 481.129 is the state statute governing prescription drug fraud, and it covers more conduct than most people expect. Anyone who obtains or attempts to obtain a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge falls within its reach, including conduct involving a fraudulent prescription form or a fraudulent oral or electronic prescription.
Several other acts fall under the same statute:
- Using a forged or fictitious signature on a prescription
- Using another person’s prescription to obtain a Schedule II controlled substance
- Using a fictitious, revoked, or another person’s DEA registration number
- Furnishing false or fraudulent material information in a required application, report, or record
How Penalties Scale by Controlled Substance Schedule
The charge level depends on which schedule the controlled substance falls under. Schedule I and II drugs carry the harshest consequences: a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. Opioids like oxycodone and hydrocodone are Schedule II, which is why prescription fraud involving those drugs is often prosecuted aggressively.
The penalties step down from there:
- Schedule III or IV controlled substance: third-degree felony, 2 to 10 years in prison, fine up to $10,000
- Schedule V controlled substance: Class A misdemeanor, up to one year in jail, fine up to $4,000
- Unlawful possession of a prescription form for a Schedule IV or V substance can be charged separately as a Class B misdemeanor
Why Choose The Law Office of Mauricio Garcia?
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Client-Centered RepresentationWhile many firms delegate cases to legal assistants, we guarantee direct communication with an attorney regarding your case.
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Federal Court ExperienceWith a former judicial law clerk, we bring invaluable insight into federal court proceedings.
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Local RootsBorn and raised in Brownsville, TX, we serve our community in both English and Spanish.
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Proven ExcellenceOur recognitions from Super Lawyers and the National Trial Lawyers affirm our unwavering dedication to legal excellence.
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Free Consultations AvailableGet started today with a confidential consultation with a member of our team.
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Affordable Legal HelpWe offer flexible payment plans, ensuring that financial constraints never obstruct your access to justice.
Client Testimonials
Prescription Fraud Lawyer in Brownsville
State & Federal Defense for Prescription Fraud Charges in Brownsville, Texas
A prescription fraud charge in Brownsville, Texas can mean a second-degree felony, years of potential prison exposure, and a permanent criminal record. Whether the alleged conduct falls under Texas Health and Safety Code 481.129 or draws federal scrutiny under the Controlled Substances Act, the charge is serious from the moment of arrest. The Law Office of Mauricio Garcia represents clients facing these allegations in Cameron County and the surrounding region, handling both state and federal criminal defense matters.
Mauricio Garcia’s background as a former federal judicial law clerk is directly relevant here. Prescription fraud cases sometimes begin in state court and escalate to federal prosecution depending on the scope of the alleged conduct. A defense attorney who understands both venues from the inside brings a perspective that can matter when the stakes are this high.
If you’re facing a prescription fraud allegation in Brownsville or anywhere in Cameron County, don’t wait to get representation in place. Call The Law Office of Mauricio Garcia today at (956) 395-3314 to schedule your free initial consultation.
Direct Access to Your Attorney, Every Step of the Way
When you work with The Law Office of Mauricio Garcia, you work directly with Mauricio Garcia. There are no case managers or legal assistants acting as the point of contact between you and your defense attorney. Prescription fraud cases involve detailed factual records, pharmacy logs, and prescription histories that require close attention, and you need an attorney engaged with the specifics of your situation, not a relay system.
Mauricio was born in Brownsville and raised in Mexico. He understands the Southern border communities he serves in a way that goes beyond legal knowledge. The firm also offers Spanish-speaking services, so language is never a barrier to getting the representation you need.
Credentials That Hold Up in Court
Mauricio’s professional background includes recognition from two selective national organizations in criminal defense: he was named a 2023 Super Lawyers Rising Star and recognized as a Top 40 Under 40 by The National Trial Lawyers. He is also a member of the Texas Criminal Defense Lawyers Association, staying current with developments that matter to clients facing state criminal charges. His federal judicial clerkship gave him an inside view of how federal courts approach complex criminal matters, and that perspective informs how he evaluates risk, negotiates with prosecutors, and prepares a defense when federal exposure is on the table.
Get a Free Consultation for Your Prescription Fraud Case
We offer a free initial consultation so you can discuss your situation without any financial commitment before deciding how to proceed. Flexible payment plans are also available to make representation accessible when the financial pressure of a criminal charge is already significant.
A prescription fraud conviction in Texas carries consequences that don’t end at sentencing. Call The Law Office of Mauricio Garcia at (956) 395-3314 to speak directly with Mauricio Garcia about your case.
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"Great Attorney"A family member was on probation in Cameron County for a DWI. Unfortunately, he picked up a PI in another county which resulted in an MTR being filed. I went on google and came across Mauricio. I decided to give him a call since there were so many positive reviews about his communication. They were definitely right. He took the time to talk to us and was always a text message away. We were eager to get this case settled quickly to avoid getting arrested and transferred down to Cameron county ( which would have taken weeks). Within a week of the warrant going out, we were able to get the case resolved and the MTR being withdrawn. He set up the court date for us so my family member could turn himself in. We were able to walk out of the courthouse within an hour, the warrant withdrawn, and not a single day spent in jail. We are so thankful to Mauricio for resolving this case quickly and with no jail time.- Marina W.
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"Highly Recommend"Attorney Garcia is absolutely a lifesaver! He is the man you want on your team! Could not thank him enough for handling my case and getting my extant recalled without me having to travel to Texas from Florida!- Sam G.
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"Super recomendable"El abogado siempre estuvo al pendiente del caso, y actuó como todo un profesional, además de que desde el primer momento lucho para que la sentencia fuera la mínima y lo consiguió. Muy agradecida y sobre todo recomiendo ampliamente al abogado.- Ceyla Z.
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"Great Attorney"He's a very good attorney, I would recommend him to you guys, he got my case dismissed. If I need him again he's the first one I would call, thank you sir.- Maximo L.
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"Excelente Abogado"Excelente Abogado Mauricio, siempre al pendiente desde todo muy amable , atento y servicial. Me comentó que me iba a quitar los cargos y así fue mi récord quedó limpio. Sin duda alguna lo recomiendo!- Karla A.
