Criminal Defense for Doctors in California: What Physicians Need to Know

Physicians dedicate their lives to caring for others, but they also face immense responsibility and are held to strict legal and ethical standards. When criminal allegations arise, as they sometimes do, it can be a profoundly distressing and overwhelming experience, putting a doctor’s career, reputation, and even freedom at risk. In California, medical professionals may encounter legal challenges under various penal codes, addressing offenses such as fraud, prescription drug violations, sexual misconduct, and, in rare cases, even manslaughter.

If you are a physician practicing in California, it’s helpful to be aware of some of the specific criminal charges to which you could be susceptible–both for the purpose of avoiding those behaviors and to know how/when to defend yourself if these charges arise through misunderstandings, false accusations, etc. We’ve provided an overview of some of these statutes below.

Fraud & Financial Crimes

Fraud-related charges are a common legal challenge faced by physicians. Many cases stem from billing practices, insurance claims, or financial arrangements with other medical providers.

Insurance Fraud (Penal Code § 550)

Under California law, it is illegal to knowingly submit false claims to insurance providers, including private insurers, Medicare, and Medi-Cal. Physicians may face fraud allegations for billing for services that were not provided, inflating charges, or “upcoding,” where a more expensive procedure is billed than what was performed.

Defense Strategies May Include:

Lack of Intent: Fraud charges require proof that the physician knowingly committed fraudulent acts. If billing errors resulted from clerical mistakes or miscommunication, an attorney could argue that there was no intent to deceive. Mistakes happen, and they don’t always mean wrongdoing.

Insufficient Evidence: The prosecution must present strong evidence to prove fraudulent billing occurred. If they cannot provide clear and convincing proof, charges may be reduced or dismissed altogether.

Grand Theft – Overbilling & Kickbacks (Penal Code § 487)

Doctors facing allegations of illegal kickbacks or overbilling for services may be charged with grand theft. California strictly prohibits financial arrangements that could improperly influence patient care, and navigating these regulations can sometimes be complex.

Defense Strategies May Include:

Proving Legitimate Business Practices: Not all referral agreements are illegal. In fact, some are entirely lawful under California’s regulations. A skilled attorney can help demonstrate that the financial arrangements comply with the law and adhere to regulatory guidelines.

Lack of Knowledge: In busy medical practices, office staff or administrators often handle billing. If improper transactions occurred without the doctor’s knowledge, this could be a key part of the defense.

Drug-Related Crimes

Prescription drug-related charges are a serious concern for California physicians. Law enforcement agencies aggressively investigate doctors suspected of overprescribing controlled substances or engaging in illegal drug distribution.

Unlawful Prescribing of Controlled Substances (Health & Safety Code § 11153)

Doctors must ensure that all prescriptions are written for a legitimate medical purpose. Prescribing painkillers, sedatives, or stimulants without medical necessity can lead to criminal charges, especially if a patient overdoses.

Defense Strategies May Include:

Medical Necessity: If the physician can prove that the prescription was justified based on a patient’s medical condition, the charges may not hold.

Lack of Criminal Intent: Some doctors are wrongly accused of unlawful prescribing simply because they followed outdated guidelines or were misled by patients about their pain levels. Evidence of the doctor’s intentions to provide the best patient care can be a powerful defense.

Drug Trafficking (Health & Safety Code § 11352)

Selling or distributing controlled substances is illegal, even for licensed doctors. Some cases involve “pill mills,” where physicians allegedly write large quantities of prescriptions without proper patient evaluation.

Defense Strategies May Include:

Entrapment: If law enforcement officers pressured or tricked a doctor into prescribing drugs illegally that they otherwise would not have done, claiming/proving entrapment can result in dismissal of the charges.

Compliance with Medical Standards: If a doctor followed proper prescribing procedures and documented patient evaluations, the prosecution may struggle to prove wrongdoing.

Sexual Misconduct & Assault

The practice of medicine often involves intimate settings where a patient may feel vulnerable and misunderstand your intentions. Sexual misconduct allegations are particularly damaging for physicians, as they can lead to both criminal charges and medical license revocation.

Sexual Battery on a Patient (Penal Code § 243.4)

Physicians accused of touching patients inappropriately during exams or medical procedures may be charged with sexual battery. Even if the patient initially consented to an exam, unwanted or inappropriate contact could lead to prosecution.

Defense Strategies May Include:

Consent: If a patient consented to a procedure and the doctor followed proper medical protocols, this may be a defense against the charges.

False Accusations: Some allegations arise from misunderstandings or personal disputes, making it crucial to challenge the accuser’s credibility.

Rape & Sexual Assault (Penal Code § 261 & § 288a)

Engaging in any sexual act with a patient who is unconscious, anesthetized, or under sedation can lead to rape or sexual assault charges.

Defense Strategies May Include:

Lack of Evidence: Many cases rely on the accuser’s testimony alone. A defense attorney can scrutinize inconsistencies in the accuser’s story, especially if there is no physical evidence.

False Allegations: If an accusation is based on revenge, jealousy, or financial motives, this can be used in the doctor’s defense.

Negligence & Manslaughter Charges

Doctors can also face serious charges if a patient dies due to alleged medical negligence.

Involuntary Manslaughter (Penal Code § 192(b))

If a doctor’s actions are considered grossly negligent and result in a patient’s death, they may face involuntary manslaughter charges. For example, prescribing excessive opioids or failing to act in a medical emergency could lead to prosecution.

Defense Strategies May Include:

Standard of Care: A doctor may show evidence that they followed the accepted medical standard of care, making criminal liability inappropriate.

Medical Complications: If a patient’s death was due to underlying health conditions (confirmed by medical records) rather than negligence, this may serve as a defense.

Second-Degree Murder – Gross Negligence Cases (Penal Code § 187)

In extreme cases, prosecutors may charge physicians with murder if they believe reckless medical practices led to patient deaths. These cases are rare but have occurred in opioid overdose-related prosecutions.

Defense Strategies May Include:

No Intent to Harm: Murder requires intent, and a physician’s actions are typically based on medical judgment rather than criminal intent.

Expert Testimony: Defense lawyers often use medical experts to argue that the doctor’s actions were reasonable and within standard practice.

If you’re a physician facing criminal charges in California, you must take immediate legal action to protect your future. Even if charges seem minor, they can escalate quickly and have long-lasting consequences–not just the possibility of fines and jail time, but also the possible loss of your career by having your medical license revoked. The best way to minimize these risks is with the help of an experienced California criminal defense attorney, one who knows how to leverage the circumstances of your case to your best advantage. Call our offices today to schedule an appointment.