Prescription Fraud Attorney in Westchester County

Former Westchester Prosecutors. 150+ Years of Combined Trial Experience.

A prescription fraud charge in Westchester County puts more than your court case at risk. Your career, your professional license, and your freedom are all on the line. At Portale Randazzo LLP, we bring over 150 years of combined experience in state and federal courts and a former-prosecutor perspective that fundamentally changes how criminal defense strategy gets built. We prepare every matter for trial from day one.

We Learned These Cases From the Inside

Our founding attorneys didn’t study controlled-substance prosecutions from the outside. Richard Portale began his career in the Narcotics and Gangs Bureaus of the Westchester County District Attorney’s Office, where he built an unblemished conviction record. He knows how these investigations are assembled because he assembled them.

Michael Duffy served as Chief Investigator for the Westchester County District Attorney’s Office, heading a squad of 38 investigators and overseeing the High Intensity Drug Trafficking Area (HIDTA) unit for Westchester County, along with organized crime and financial crime investigations. That depth of operational knowledge is now applied to the defense side.

What New York Law Classifies as Prescription Fraud

New York addresses prescription fraud through two primary legal frameworks. Penal Law Article 178 defines criminal diversion as knowingly transferring or receiving a prescription medication, device, or the prescription itself in exchange for anything of value without medical need or lawful authority. Penal Law 178.26 targets fraud and deceit related to controlled substances and covers a broader set of conduct.

Conduct prohibited under Penal Law 178.26 includes:

• Obtaining a controlled substance through fraud or misrepresentation: using deceit, concealment of a material fact, a false name, or subterfuge to obtain a Schedule II, III, or IV controlled substance or an official New York State prescription form
• Forged or altered prescriptions: making, using, or presenting a forged prescription or forged label
• Criminal impersonation: falsely claiming to be a licensed practitioner, pharmacist, or other authorized person to obtain a controlled substance
• Doctor shopping: receiving a controlled substance from one practitioner and, while intending to deceive, withholding that fact when seeking a prescription from another practitioner during the same treatment period

Charges, Classifications, and Penalties Under Article 178

Criminal diversion offenses are graded by the dollar value of the benefit exchanged. That structure matters for defense because the degree of the charge, and therefore the range of consequences, turns on a valuation that can be contested.

• Fourth Degree (Penal Law 178.10): Class A misdemeanor; base-level diversion offense
• Third Degree (Penal Law 178.15): Class E felony when the value of the benefit exchanged exceeds $1,000, or the person has a prior fourth-degree conviction
• Second Degree (Penal Law 178.20): Class D felony when the value exceeds $3,000
• First Degree (Penal Law 178.25): Class C felony when the value exceeds $50,000
• Fraud and Deceit (Penal Law 178.26): Class A misdemeanor

Felony-level charges are tried in Westchester County Court in White Plains. Misdemeanor charges may be handled in local city, town, or village courts throughout the county.

How We Build Your Defense

Every case starts with a thorough review of what the prosecution intends to rely on. Our prescription fraud lawyers work with you to gather supporting evidence, construct an effective strategy, and apply it in court. Along the way, we answer your questions and address your concerns, because your ability to make informed decisions about your own case matters. We lay out your options clearly and support you however you choose to proceed.

Speak With a Prescription Fraud Lawyer in Westchester County

Regardless of what you’ve been accused of, you have rights that can’t be violated, and our attorneys are here to help you understand and defend them. We offer a complimentary initial consultation, available in-office or virtually, so you can speak with a lawyer who has worked inside the Westchester County District Attorney’s Office and understands how these cases are built.