Being Accused of Fraud
Fraud is a very serious crime that many people do not consider on a daily basis. In some cases, it can even be unintentional but still have severe consequences. If you have been accused of fraud, it’s important for you to take time to understand your situation.
Types of Fraud
In general, fraud is any activity that allows you to get money dishonestly. This can include using false information to get health insurance, using someone else’s credit card information, impersonating others in order to gain money, and much more. Even if you sign a check without realizing you don’t have the balance to cover it, you can be accused of fraud. In California, it’s required for prosecutors to find a motive for you to get financial gain from your actions. So, in the example of writing a check, it may look like fraud but your defense can prove that it was not done with mal intent.
Penalties of Fraud
Since there are many different types of fraud, there are a variety of penalties for each type. In California, many types of fraud count as “wobbler” offenses. This means that a prosecutor can charge you with a misdemeanor or a felony depending on the situation. Some offenses can even be tried at the state and federal levels. In general, consequences can include several years in jail depending on the type of fraud and the surrounding circumstances. Additionally, you can be charged hefty fines if you are convicted. For a misdemeanor, you may be looking at a $1,000 fine and one year in jail while a felony can give you a $10,000 fine and three years in jail.
Defenses Against Fraud
As mentioned, a prosecutor needs to prove that the accused was motivated by financial gain and intentionally committed fraud in order to do so. This means that the most effective offense is to prove that you did not have the intent to commit fraud. For example, if you are accused of health insurance fraud, you would need to prove that there was some sort of mistake and that you weren’t trying to defraud your insurance company. You can also defend yourself if there is a case of mistaken identity or if you were coerced into the crime.
If you are accused of fraud, you want to make sure you take action to properly defend yourself. The best way you can do this is through the help of an experienced attorney who can assist you in building your case.
Hire Bradley Corbett to help you build your case today.
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.