San Diego Fraud Lawyer
San Diego Fraud Attorney
In the vast landscape of criminal law, fraud offenses hold a unique place. Classified under “white-collar crimes,” they involve deceiving another party for financial gain. These offenses carry not only significant social stigma but also harsh legal penalties.
The support of a San Diego fraud lawyer is important to defend against these penalties. At Lee Law Group, we provide rigorous legal representation for individuals facing fraud charges in California.
There are many types of fraud, each of which requires its own approach to defense. If you have been charged with, arrested for, or are being investigated on fraud charges, you need strong legal support. A defense to mitigate penalties or avoid conviction is the most effective way to limit the social, financial, and criminal consequences of fraud charges.
Lee Law Group: Providing Fraud Defense in San Diego
Fraud charges can result from misunderstandings, mistakes, or even false claims. When faced with an arrest or investigation, it can be tempting to want to defend yourself, but you should maintain your right to silence and your right to an attorney. Explaining yourself could hurt you severely in the long term. You need an attorney with experience in criminal defense, as well as fraud defense. Lee Law Group can help you.
For more than 20 collective years, our attorneys have worked on complex and detail-oriented criminal defense cases. We have the resources and the knowledge to investigate your charges, parse through the evidence against you, help you understand your options, and explain the likely outcomes of your fraud case. Your defense attorney can determine the ideal outcome for your case and work tirelessly to achieve that outcome.
It can be overwhelming to face fraud charges, and we at Lee Law Group provide the compassionate legal support you deserve. When you need strong legal representation and an effective criminal defense, we can help.
California Fraud Laws and Penalties
In California, fraud encompasses a range of activities such as credit card fraud, insurance fraud, and identity theft, among others. Governed by various sections of the California Penal Code, including Sections 484 and 532, these offenses revolve around deceit, dishonesty, and intentional misrepresentation. They are complex cases that demand a keen eye for detail.
A conviction can result in a variety of penalties, ranging from hefty fines to prison sentences. The severity of these sanctions depends on multiple factors such as the amount of money involved, prior convictions, and the complexity of the fraud. In some instances, penalties can include both imprisonment and fines, not to mention long-lasting impacts on one’s personal and professional reputation.
Fraud offenses can be misdemeanors, felonies, or wobblers. Wobblers can be charged as a misdemeanor or a felony, depending on the aggravating and mitigating factors present in the case, as well as other factors.
California Fraud Offenses
There are numerous types of fraud in San Diego, including crimes categorized under theft or larceny, embezzlement, false personation, and crimes against insurers. Each of these crimes involves an offender using deceit in some way to aid their own personal goals and financial gain. Some of the most commonly charged types of fraud include:
- Forgery, Penal Code 470
Forgery is the crime of any of the following:
- Signing the name of another person or a fictional person, knowing they have no authority to sign under that name, on specific official documents
- Forging or counterfeiting another’s handwriting or seal
- Changing, falsifying, or corrupting the record of a will, codicil, record of judgment, or evidence
- Making, changing, publishing, or attempting to pass off specific official documents as genuine, including checks, bonds, warrants, due bills, powers of attorney, or many other important documents
Each of these offenses must also be committed with the intent to defraud. Forgery penalties include up to one year in jail or between 16 months and three years in jail.
- Insurance Fraud, Penal Code 550
Insurance fraud is the defrauding of insurance companies by presenting a known false or fraudulent claim in order to recover benefits. This includes:
- False claims for personal injury
- Presenting one personal injury or health insurance need as a claim to multiple insurers
- Causing a motor vehicle crash with the intention of making a fraudulent claim
- False claims for motor vehicle damages
- False health care insurance claims
- Providing any support or testimony to back up a known false claim
These crimes are all done with the intent to defraud, and there are many other types of insurance providers that may be defrauded.
Some instances of insurance fraud may be charged as a misdemeanor, resulting in six months in jail and fines of up to $1,000, while other forms are charged as felonies. The crime of car insurance fraud, for example, results in between two and five years in prison and/or fines of up to $50,000 or double the amount of money defrauded, whichever is greater.
- Welfare Fraud, Welfare and Institutions Code 10980
This offense occurs when someone defrauds a governmental benefits agency by making a false statement or failing to disclose information. Governmental benefits employees can also be guilty of this offense by approving ineligible applicants to a welfare program.
Faking a false statement to receive benefits is charged as a misdemeanor, with penalties of up to $500 in fines and/or up to six months in jail. Applying for benefits through multiple applications or under a false identity is a wobbler, and conviction results in 16 months to three years in jail and fines of up to $5,000. This crime could also result in up to one year in jail and up to $1,000 in fines.
Certain violations of welfare fraud are very serious and can involve additional penalties for electronic transfers and large amounts of money transferred.
- Embezzlement, Penal Code 503
Embezzlement occurs when someone appropriates funds that were entrusted to them, whether those funds belong to a business, an organization, or customers. The penalties for embezzlement depend on the value and type of property embezzled. Embezzlement of public agency funds is punished as a felony.
- State Tax Fraud, Revenue and Taxation Code 19706
Tax fraud is the crime of willfully failing to file a tax return or provide tax return information. It can also involve filing false tax documentation and making false statements. Penalties include up to one year in prison or in jail and up to $20,000 in fines, as well as the costs of investigation and prosecution.
- Check Fraud, Penal Code 476
Check fraud is a form of forgery. It is the crime of altering, forging, or otherwise falsifying a check. Publishing a check with the intent to defraud and knowing it will not clear is also check fraud.
- Credit Card Fraud, Penal Code 484(e)-484(j)
Credit card fraud is the offense of using another person’s credit or debit card without their consent. Offenders may gain, use, possess, sell, or commit other actions with that person’s card with the intent to defraud. Credit card fraud also includes the production and distribution of fraudulent credit cards.
These crimes are often charged federally because they cross state lines. Even if the crime is not federal, many instances of credit card fraud in California are charged as grand theft, which are often felonies. Other types of credit card fraud offenses are forgery charges.
Other types of fraud offenses that may be charged in San Diego include:
- Identity fraud
- Loan fraud
- Mail fraud
- Wire fraud
- Accounting fraud
- Real estate fraud
- Mortgage fraud
- Money laundering
- Bank fraud
- Cyber fraud
- Perjury
- Bribery
No matter the type of fraud you are charged with, you need legal support. It is vital not to take these crimes lightly and to secure legal representation as soon as you can.
What Are the Collateral Consequences of a Fraud Offense Conviction in San Diego, CA?
Being convicted of a fraud offense will result in criminal penalties, but there are other collateral consequences of a conviction that could affect the rest of your life.
Regardless of whether your conviction was a felony or a misdemeanor, you will be left with a criminal record. Having a criminal record can have a severe effect on your opportunities. It can prevent acceptance to higher education, limit job offers, and bar you from specific fields of employment. It can also prevent you from obtaining housing easily and bar you from specific types of housing benefits.
Moreover, a criminal record can prevent you from receiving financial aid or specific loans. Ultimately, the personal, professional, and financial effects of a criminal record can be devastating.
When a fraud conviction is on your record, it can further affect your professional life, especially if the fraud charges were in connection with your employment. You could lose your job and be ineligible for many job positions working with finances.
If the conviction was for a felony, this can have further effects on your rights, such as the right to possess a firearm.
Civil Claims for Fraud Offenses
Other consequences of fraud charges include civil claims by the victims of the offense. A civil claim allows those who have suffered financial losses to recover compensation for those losses, as well as the emotional damages they suffered due to the offender’s illegal misconduct. These cases are more likely to succeed if the offender is convicted.
If you are charged with criminal fraud offenses, you could also face civil claims. If convicted, the criminal court may order you to pay restitution. When combined with damages from a civil claim, the financial effects of restitution can be devastating. By having a strong defense in criminal court and avoiding conviction, you may be able to avoid the cost of a civil claim.
Potential Defenses Against Fraud Charges
There are several defenses that may be applicable to fraud charges. The strongest defense will vary based on your specific charges and unique circumstances. Your attorney can help you review what defenses apply to you and determine which will be most effective at protecting your current and future interests. Some potential defenses include:
- Lack of Intent: The majority of fraud crimes require an intent to defraud. If you genuinely did not mean to defraud the victim, this may be a strong defense. You may have committed the crime accidentally or genuinely believed the things you were saying or doing were true and legal.
- Insufficient Evidence: The prosecution must prove you guilty beyond a reasonable doubt, so a lack of evidence is a form of defense. Your defense attorney will help you create a more proactive defense by challenging the lack of evidence and creating further reasonable doubt.
- Duress: If you were coerced into committing the crime or acted under threat or force, this is a form of defense.
- Mistake of Identity: If you were mistaken for the perpetrator of the crime, this defense may be effective. It could involve establishing an alibi.
- False Allegations: The individual accusing you of fraud may be falsely accusing you. Your attorney can investigate their claims to find doubt and inconsistencies.
- Constitutional Violations: This includes entrapment by law enforcement or evidence collected without probable cause, a warrant, or consent. This can result in evidence being inadmissible or charges being dropped.
The most important thing you can do if you are charged with a fraud offense is to talk with an experienced defense attorney as soon as you can.
FAQs:
Can You Be Sued for Fraud in California?
Yes, you can be sued for fraud in California. If you commit fraud, you can face both a criminal case filed by the state and a civil case filed by the victims of the fraud. In a civil claim, the victim of the crime must prove that intentional misconduct led to their financial loss. If they succeed, the court will award them compensation from the defrauder to recover their damages. The type of fraud will impact how these cases proceed.
How Is Fraud Reported in San Diego County?
Fraud can be reported in San Diego County through different methods, which can differ based on the type of fraud being reported. Fraud crimes can be reported to the San Diego Sheriff’s communication center.
There are also hotlines for reporting consumer fraud, computer fraud, and identity theft to San Diego County. You can report public assistance fraud to the Bureau of Public Assistance Investigations and Section 8 low-income housing fraud to the county’s Housing & Community Development Services.
What Are the Conditions Needed to Prove Fraud?
The conditions needed to prove fraud depend on whether the case is civil or criminal. In civil cases, to file based on intentional misconduct, a plaintiff must be able to prove that there was:
- A misrepresentation or omission by the other party
- Knowledge of that deceit
- An intent to defraud
- Resulting damages
The conditions necessary to prove a criminal fraud charge beyond a reasonable doubt will depend on the unique type of fraud.
When Is Fraud a Felony in California?
Whether fraud is a felony in California depends on the unique type of fraud. However, based on the laws for grand theft and petty theft, stolen items totaling more than $950 are considered grand theft. This crime is charged as a felony. Stealing certain items can still result in felony charges, even if their value is lower than $950. Because there are numerous types of fraud, the charges can vary significantly. It is important to talk with an attorney about your unique case.
Criminal Defense for Fraud Offenses
Securing a competent criminal defense attorney in California is crucial when facing fraud charges. A California criminal defense attorney can provide indispensable advice, formulating a strategy tailored to each circumstance.
Lee Law Group is committed to offering top-notch criminal defense, with extensive experience in dissecting evidence, challenging the prosecution, and fighting for the best possible outcome for our clients.
When it comes to defending against fraud charges, there is no substitute for a strong legal defense. Contact us today for a consultation, and let our team be your most steadfast advocate.
