near me
21 USC § 843 - Obtaining Controlled Substances By Misrepresentation, Fraud

21 USC § 843(A)(3) (OBTAINING CONTROLLED SUBSTANCES BY MISREPRESENTATION, FRAUD, ETC.)

21 USC § 843(a)(3) is a provision within the United States Code that makes it illegal to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. This statute is part of the Controlled Substances Act, a segment of comprehensive federal drug policy regulating the manufacture, importation, possession, use, and distribution of certain substances.

The law aims to prevent the misuse of drugs that can lead to addiction and abuse while ensuring that they are available for legitimate medical and scientific purposes. The blog will explore this statute in detail, discussing its key elements, the burden of proof for prosecutors, potential penalties and defenses, and its broader implications, including immigration and expungement possibilities.

Elements The Prosecutor Must Prove

For a conviction under 21 USC § 843(a)(3), the prosecution must establish several elements beyond a reasonable doubt:

  • The defendant knowingly and intentionally obtained or attempted to obtain a controlled substance;
  • The defendant did so by misrepresentation, fraud, forgery, deception, or other tactics designed to manipulate or deceive those involved in the lawful distribution of controlled substances.

Penalties, Punishment, And Sentencing

Violations of 21 USC § 843(a)(3) carry significant penalties, reflecting the seriousness with which the federal government treats drug-related offenses. Penalties can include imprisonment for up to 4 years, fines, or both, and the severity of the sentence can vary based on factors such as the quantity of the controlled substance, the schedule of the drug under the Controlled Substances Act, the defendant’s criminal history, and any aggravating factors present in the case. Sentencing guidelines provide judges with a range, but discretion in individual cases can lead to variability in sentencing outcomes.

See also  HEALTH AND SAFETY CODE 11379.6 HS - MANUFACTURING A CONTROLLED SUBSTANCE

Legal Defenses – How To Fight The Charges?

When facing charges under 21 USC § 843(a)(3), it is crucial to explore potential legal defenses. Experienced criminal defense lawyers can help navigate the legal landscape and develop a strong defense strategy. Some possible defenses include:

  • The defendant may argue that they did not have the intention to obtain controlled substances through misrepresentation, fraud, or deception.
  • Claiming a genuine misunderstanding or mistake regarding the nature of the transaction or substance.
  • Demonstrating that law enforcement officials induced the defendant to commit a crime they would not have otherwise committed.
  • Challenging the prosecution’s evidence or asserting that it fails to meet the burden of proof can be a valid line of defense.

Immigration Consequences

Convictions under 21 USC § 843(a)(3) can have severe immigration consequences, including deportation, inadmissibility, or denial of naturalization for non-U.S. citizens. Immigration authorities may view drug-related offenses as grounds for deportation or denial of visa applications. It is crucial to consult an immigration attorney to understand the potential impact and explore the available avenues for defense. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

Can Charges Be Expunged?

Expungement refers to the process of erasing or sealing a criminal record. Unfortunately, federal convictions are generally ineligible for expungement. Expungement of charges under 21 USC § 843(a)(3) is complex and highly dependent on specific circumstances, including the jurisdiction and the defendant’s criminal history. Federal convictions are generally more challenging to expunge than state convictions, but recent reforms and legislation have begun to provide more avenues for relief under certain conditions.

See also  HEALTH AND SAFETY CODE SECTION 11550 HS - UNDER THE INFLUENCE OF DRUGS

Related Crimes

Crimes related to 21 USC § 843(a)(3) include but are not limited to:

Speak With Criminal Defense Lawyer From Tabibnia Law Firm

Facing charges under 21 USC § 843(a)(3) can have profound personal, professional, and legal consequences. It is crucial to consult with a knowledgeable Los Angeles drug crime defense attorney who can navigate the complexities of federal drug laws. The Tabibnia Law Firm, with its expertise in criminal defense, particularly in drug-related offenses, can provide the necessary legal support to challenge the charges, explore defenses, and mitigate potential penalties. Cyrus Tabibnia, an experienced lawyer at Tabibnia Law Firm can advise on all aspects of the case, from pre-trial strategies to representation in court. He possesses the knowledge, skills, and expertise to guide you through the legal process, protect your rights, and build a robust defense strategy tailored to your case’s unique circumstances. Call Cyrus for initial consultation: 866-713-2159

Legal References:

21 U.S. Code § 843 – Prohibited acts C | FREQUENTLY USED FEDERAL DRUG STATUTES

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the car.

    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023

    Recent Posts

    Practice Areas

    Locations We Serve