Washington law makes it a crime for you to misrepresent yourself (for example, as a pharmacist or a physician) in order to obtain a controlled substance. The 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.
What is “Misrepresentation” in the Context of a Drug Crime?
RCW 69.50.403(1)(d) is the Washington statute that makes it a crime for you to misrepresent yourself for the purposes of getting a controlled substance. In particular, the law says that it’s a criminal offense for you to:
- Knowingly and intentionally falsely represent yourself as a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or authorized person, and
- Do so for the purpose of obtaining a controlled substance.
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:
- LSD, and
What are the Penalties?
Misrepresenting yourself to obtain a controlled substance 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 misrepresentation charge with a legal defense. Recall that you are only guilty under this statute if you intentionally tried to misrepresent yourself. Therefore, you’re not guilty of an offense, as an example, if someone accidentally believed that you were a doctor or pharmacist. A defense, then, is for you to show that someone made a mistake as to your true identity.
Entrapment is another common defense in these cases 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 is 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!