Accused of Fraud? A Fraud Defense Attorney Can Help

Fraud charges are very serious, and it’s important to protect yourself as soon as you know you are being accused of fraud. An experienced California fraud defense attorney can help you prepare for every step of the case, from the initial accusation to the court date, if things progress to that point. 

Fraud accusations can disrupt your life and cause serious financial strife, but skilled defense lawyers can be your greatest ally. Here’s why you should plan ahead by hiring a defense lawyer for your case.

Understanding Fraud

Fraud is defined as an intentional deception with the end goal of personal gain, usually financial. Crucially, the deception or misinformation must be given intentionally, with the goal of depriving another person or entity of assets like cash or property. The prosecution must prove intent in order to get a guilty verdict.

Fraud always involves misrepresenting a situation in order to benefit from it at the expense of another person or company. In most cases, it provides financial gain for the person committing the crime. Unlike theft, it involves deception or misrepresentation.

This crime can be a misdemeanor or a felony, depending on the situation. Criminal law tends to punish fraud harshly, which is why it’s so important to secure a skilled criminal defense lawyer.

Types of Fraud

There are many types of fraud, from insurance fraud to tax fraud. They all come with harsh consequences, usually including the potential for jail time and steep fines. People facing fraud charges should work with experienced attorneys who can provide useful advice right from the start.

Fraud can affect both people and businesses. These three categories describe the many forms of fraud. 

Fraud Affecting Individuals

Some forms of fraud target individual people. There are many scams and fraud schemes that target people through cell phone calls, mailers, and emails. Aside from those, there are also Ponzi schemes, identity theft, and much more. 

This type of fraud can be challenging for victims to identify or prosecute.

Fraud Inside an Organization

In some cases, an employee of an organization will deceive other members of the organization for their own financial gain. This type of fraud is insidious and can be hard to spot since it is an abuse of trust.

Internal fraud can affect companies of any size, from small businesses to large corporations. It ranges from misappropriating funds to altering financial statements. It’s one of the most common kinds of white-collar crimes. 

Fraud Against an Organization

Some scam artists target businesses from the outside while posing as customers, service providers, or even competitors. These scams can harm an organization, especially if they continue over time. 

Vendors can fail to provide the goods a business paid for, send substandard products, or bill them incorrectly. Customers may use returns to facilitate fraud and get more money back than they are owed. Competitors may sabotage or otherwise harm a business’s operations. 

Insurance companies are common targets for customer fraud, which is why they are so vigilant about spotting it and prosecuting it. 

What Are the Potential Consequences of Fraud?

Getting a fraud conviction can have a serious, lasting impact on your life. Beyond the effect on your reputation and employment, it can also affect your finances.

Fraud can generally be charged as either a felony or a misdemeanor, depending on a few factors. This type of crime is considered a wobbler. 

One of the most important factors in determining the severity of the crime is the defendant’s criminal history. If the defendant has any history of fraud crimes, that usually means a felony charge. Other criminal histories may also be taken into consideration. 

Another factor is the extent of the fraud scheme and the amount of money. If the case involves a large amount of money, the court is more likely to go for a felony charge. 

Fraud Penalties 

For misdemeanor fraud, those convicted will generally face up to one year in county jail. For felony fraud crimes, those convicted can face up to five years in prison. 

There’s also a financial penalty. For both types of crimes, the defendant may have to pay up to $150,000 or double the amount that was taken fraudulently. However, in many cases, the fee will be lower than that amount. 

Restitution may also be part of the penalty. This means the person convicted of fraud will have to pay back the people or companies affected by the fraud incident, including the insurance company and potentially an employer or other business. 

How Can a Defense Attorney Help?

A defense attorney is an essential ally whenever you are facing fraud charges or other legal issues. Criminal attorneys at LibertyBell Law have the knowledge to protect you and get charges dropped. 

Defense attorneys start by gathering information about a case. This may include finding a police report if there is one, gathering essential documents, and in some cases, even talking to the prosecutor. 

Your attorney will work with you to create a legal strategy that matches your needs and desired approach. Having a legal expert argue on your behalf dramatically increases your chances of a favorable outcome.

Some common defense techniques for fraud include:

• The lack of intent to commit fraud
• A lack of sufficient evidence from the prosecutor

Your attorney will consult with you to find the right strategy for your desired outcome. You can also prepare for the trial experience to make sure you will further your own case when you speak in court. 

Personalized legal advice will influence the outcome of your case, and an experienced criminal attorney will advocate passionately on your behalf.

Get the Best Legal Defense With LibertyBell Law

At LibertyBell Law, we are proud to protect our clients’ rights. We understand that the criminal justice system can be confusing, so we establish a strong attorney-client relationship to keep you updated at all times. 

Contact our law office today to make your appointment for a free consultation! We can discuss your options and let you know how having legal representation will boost your case.