Criminal Defense for Dentists in California

As a practicing dentist in California, you’re held to a high standard of professional trust and responsibility. But if you’re facing criminal allegations, that trust can come under immediate and devastating scrutiny. Whether the accusations involve billing practices, prescription misuse, or alleged misconduct with a patient, the consequences of a criminal conviction extend far beyond your license—they can include prison time, financial penalties, and lasting damage to your reputation and career. Let’s take a closer look at some of the more common statutes that could result in criminal charges for dentists.

Insurance Fraud – Penal Code § 550

Insurance fraud is one of the most prevalent crimes in the healthcare industry, including among dentists–and investigators are very much on the lookout for signs of fraud. California Penal Code § 550 makes it a crime to knowingly submit false or fraudulent insurance claims. For dentists, this typically involves:

Billing for services not performed
Upcoding procedures to receive higher reimbursement

Submitting duplicate claims

Falsifying records to justify unnecessary treatment

Why It’s Serious: The California Department of Insurance aggressively investigates healthcare fraud, especially within dental practices. An audit or whistleblower complaint can quickly escalate into a criminal probe.

Penalties: Insurance fraud is usually charged as a felony, punishable by up to 5 years in state prison, heavy fines, and restitution.

Defense Strategies:

Lack of intent: Mistakes or clerical errors are not the same as criminal fraud.
Challenging the evidence: Claims data is often misinterpreted by investigators.

Expert testimony: Dental billing is complex; an expert can explain why a treatment was justified.

Medi-Cal Fraud – Welfare & Institutions Code § 14107

This statute criminalizes the submission of false claims to California’s Medi-Cal program. Dentists serving low-income patients may face scrutiny for billing irregularities, unnecessary procedures, or misrepresenting provider information.

Penalties: Medi-Cal fraud is a felony offense carrying up to 5 years in prison, a $50,000 fine (or double the amount of fraud, whichever is greater), and permanent exclusion from the program.

Defense Strategies:

Showing compliance efforts: If you had systems in place to avoid fraud, that can help your case.
Refuting intent: If improper billing was due to a misunderstanding of Medi-Cal’s rules, the prosecution may have a weak case.

Prescription Drug Offenses – H&S Code §§ 11153, 11173, 11350

Dentists are authorized to prescribe controlled substances. However, if you’re accused of writing prescriptions without a legitimate medical purpose, issuing them in someone else’s name, or obtaining narcotics for personal use, you could face drug-related criminal charges.

Common Allegations:

Prescribing opioids without documenting a dental need
Writing prescriptions for friends, family, or staff

Altering or forging prescriptions

Possession of controlled substances without a valid prescription

Penalties: These offenses can range from misdemeanors to felonies. A felony conviction under Health & Safety Code § 11350 (possession of a controlled substance) can result in up to 3 years in state prison.

Defense Strategies:

Establishing a legitimate medical purpose: Documentation that supports clinical need can help rebut accusations.
Chain of custody: In drug possession cases, law enforcement must prove the drugs were legally and clearly tied to you.

Entrapment or illegal search: The evidence may be suppressed if investigators overstepped.

Sexual Misconduct or Assault – Penal Code §§ 243.4, 261, 288

Dentists are uniquely vulnerable to allegations of sexual misconduct, especially when working in a one-on-one setting or while patients are under sedation. Charges can range from misdemeanor sexual battery to felony sexual assault or child molestation, depending on the allegation.

Common Allegations Include:

Inappropriate touching during exams
Misconduct involving sedated patients

Inappropriate remarks that escalate into criminal claims

Penalties: Felony charges can result in state prison, lifetime registration as a sex offender, and career-ending reputational harm—even if you’re ultimately acquitted.

Defense Strategies:

Witness credibility: Many cases hinge on the word of one individual. Inconsistencies or a lack of corroboration can cast doubt.
Lack of intent: An action misinterpreted as sexual can be argued as accidental or medically justified.

Surveillance and documentation: Video recordings, assistant testimony, or patient records can provide crucial context.

Assault or Battery – Penal Code §§ 240, 242, 243(d)

Allegations of assault or battery may arise in the dental field when a patient believes excessive force or reckless treatment caused physical harm. This might include claims of unjustified physical contact during a procedure or careless injury during care.

Examples:

Extractions or procedures causing unexpected harm
Use of force to restrain a patient

Disputes escalating with staff or patients

Penalties: Misdemeanor battery may lead to 6 months in jail; aggravated battery causing serious injury may result in a felony conviction and several years in prison.

Defense Strategies:

Standard of care: Medical experts can testify that your treatment decisions were within professional norms.
Patient consent: Signed consent forms and informed discussions are critical in defense.

No intent to harm: Involuntary or reflexive actions are not criminal under California law.

Protecting Your Future

Facing criminal charges as a dentist is not just about protecting your license—it’s also about protecting your freedom, finances, and future. Many dentists wrongly assume their case is strictly a licensing issue when, in reality, criminal charges carry far more severe and permanent consequences.

A criminal defense attorney can, among other things:

Challenge the legality of how the evidence was obtained
Argue constitutional defenses (like unlawful search or seizure)

Negotiate with prosecutors for reduced charges or diversion

Prepare for trial and aggressively defend you before a jury

Your next steps are critical if you’re a dentist in California under investigation or facing criminal charges. Don’t speak to investigators without legal counsel. Don’t assume the charges will go away. And don’t wait for the licensing board to contact you before acting.

Call our Los Angeles criminal defense firm today to schedule a confidential consultation. We have the experience, strategy, and discretion you need to defend your reputation and protect your future.