Moreno Valley Fraud Defense Lawyer

Moreno Valley Fraud Defense Attorney

Fraud is a white-collar crime and a serious offense in California. When a person commits fraud, they not only harm the victim but can also face harsh penalties themselves. If you have been charged with or convicted of fraud in California, it may be wise to hire a Moreno Valley fraud defense lawyer to help you with your case.

Fraud is defined as the intentional misrepresentation, deceit, or concealment of significant facts for the purpose of causing injury, depriving one of property, or harming a victim or plaintiff. Fraud can include withholding material facts or providing fraudulent information.

What Is the Punishment for Fraud in California?

The punishment for fraud in California depends on the type of fraud offense and the defendant’s prior criminal history. The more harm the fraud causes the plaintiff or victim, the harsher the consequence. A strong criminal defense can help reduce penalties, challenge evidence, or negotiate favorable outcomes. Below are some of the most common types of fraud in California and their related penalties:

• False declaration of eligibility for healthcare: this involves a provider encouraging a person to receive healthcare for which they are ineligible on the basis of false declarations. This can be either a misdemeanor or a felony, the penalties of which can include six months in county jail and a $1,000 fine and 16 months to 3 years in county jail, respectively.
• Insurance fraud: it is unlawful to make a false claim in order to receive insurance benefits. This is also true if a person aids, abets, solicits, or conspires with another person to commit insurance fraud. Insurance fraud is a felony punishable by up to five years in prison with no more than a $50,000 fine or double the amount of fraud, whichever is greater.
• Mortgage fraud: this is when a person makes a misstatement, misrepresentation, or omission of information in the mortgage lending process with the intention to deceive. This is a misdemeanor punishable by jail time and a large fine.
• Bank fraud: bank fraud is a serious offense with significant fines, and the offender can spend years in jail. Bank fraud occurs when a person knowingly executes or attempts to execute a scheme to acquire money, assets, credits, etc., from the bank under false pretenses.
• Identity theft: identity theft is the unauthorized use of another person’s identifying information, including their name, face, address, and telephone number to acquire money, property, or other assets. This crime can be charged as a felony or misdemeanor, and the punishment can be a fine, imprisonment in county jail, or both.

What Are Possible Defenses Against Fraud in Moreno Valley, CA?

If you are charged with fraud in Moreno Valley, California, luckily, there are several solid defenses that may help you avoid jail time or reduce the charges against you.

Lack of intent – Each fraud offense must be intentional or done knowingly. If you had no intent to defraud anyone or if you made a mistake, you may have a defense.

Lack of knowledge – In this case, you simply didn’t know the information you were providing was fraudulent. For instance, if a third party provided you with incorrect information that you didn’t know was incorrect and then told another person, this is considered unknowingly making a false statement.

Insufficient evidence – Perhaps one of the most common defenses, insufficient evidence occurs when the prosecution cannot prove fraud beyond a reasonable doubt. Perhaps a witness is unreliable or documents are insufficient or have been tampered with.

There are many more defenses against fraud charges that may be available to you. This is why it is important to come prepared for your case and rely on a competent and experienced lawyer to help draft your defense.

When Should I Hire a Lawyer?

Hiring a lawyer for fraud charges can be life-changing. White-collar crimes like fraud have complex legislation with which a layperson may be unfamiliar. Not only can your lawyer protect and educate you on your rights, but they can also draft your defense, negotiate your charges, and defend you in court.

FAQs

Q: What Is the California Fraud Act?

A: The California Fraud Act, or False Claims Act, is a set of laws that combat cases of fraud committed by contractors against the federal and California governments. Some contractors make false claims or present false records to obtain money from the government. The act helps to recover money stolen by fraudulent acts and holds the offenders accountable.

Q: Does California Recognize the Crime-Fraud Exception to the Attorney-Client Privilege?

A: Yes, California recognizes the crime-fraud exception to the attorney-client privilege. There is no privilege if a person obtains the services of an attorney to commit fraud. The attorney may be culpable if they do not report their client’s intentions to commit fraud. If a client, for instance, asks their attorney to destroy or hide evidence of fraud, the attorney may be legally obligated to disclose this.

Q: What Is the Definition of Fraud Under California Law?

A: The definition of fraud under California law is an intentional misrepresentation, deceit, or concealment of a material fact with the intention of depriving the victim of property or a legal right or otherwise causing the victim harm. This definition includes various types of fraud, including embezzlement, bank fraud, mortgage fraud, healthcare fraud, and insurance fraud.

Q: How Much Does a Fraud Defense Lawyer Cost in California?

A: In California, the cost of a fraud defense lawyer varies depending on the location of the firm, the experience of the lawyer, and the circumstances of the fraud case, among other factors. The more complicated your case is, the more likely the possibility of significant legal fees. You can discuss a lawyer’s fees with them during an initial consultation.

Contact a Lawyer at Brown & Stedman LLP, Today

If you are charged with fraud, you will need a skilled attorney to craft your defense. Our attorneys at Brown & Stedman LLP have decades of experience helping our clients solve complex legal problems in a tailored fashion. Do not hesitate to contact us today to discuss your fraud case. We are here to guide you through each step of the legal process, from the initial consultation to representation in court if needed.