Avoiding a Fraud Crimes Conviction
Criminal fraud laws are said to have been broken if:
- an act has been committed that has resulted in the undeserved advantage to yourself, and/or
- have caused loss or harm to another person
- have caused loss or harm to another person
Most acts of fraud are motivated by two things:
- attempting to escape criminal responsibility and
- to make financial gain
Fraudulent acts are classified under various categories. Some of these fraud crimes are based on the above two motivations but not all of them are.
Types of fraud crimes
Acts of fraud are divided into different categories. Here are the classifications:
- insurance fraud – this refers to when an individual collects benefits that they are not entitled to
- mortgage and real estate fraud – this refers to any intentional false representation that is executed at any point in a real estate transaction
- generic types of financial fraud – this includes credit card fraud, check fraud and securities fraud
- identity and forgery theft – this has to do mostly with forging of official documents
- fraud offenses involving elders – this refers to instances of financially abusing an elder
- miscellaneous fraud offenses – these are other general offenses that are not covered in the above classifications such as mail fraud, handicapped parking fraud, etc
Penalties for Fraud Crimes
Different fraud crimes attract various penalties. For instance, the convicted person might end up paying high fees or serving long prison sentences. Some of the fraud crimes carry specific sentences. Others however may be prosecuted under:
- California’s forgery law
- California’s theft laws
- California’s perjury law
Most fraud crimes committed in California are charged as either felony or misdemeanor offenses by prosecutors.
In addition to being fraud offenses, most fraud crimes may also be federal offenses which could lead you to both federal and state court.
Other heavy penalties that might come along with a conviction if found guilty of fraud crimes, is that under California law, legal residents might end up getting deported. The government may also seize any property that you own that might have been involved in fraudulent acts.
Legal Defenses
Fortunately though, there are a number of legal defenses that our downtown LA law firm will apply in your defense. Some of these are:
- you did not intend to commit a fraudulent act
- you were the victim of mistaken identity
- you deserve to be acquitted on the basis of entrapment; under California law, you are eligible for an acquittal if you can prove that the police coerced you into committing the fraudulent act.
Feel free to contact our Downtown LA Law firm if you need any assistance in fighting a fraudulent charge. Our team of experienced attorneys will provide you with a robust defense. We have a long and consistent track record of winning court battles.