San Diego Fraud Defense Lawyer
Fighting Fraud & Financial Fraud Charges in San Diego County, Riverside County & Orange County
Fraud is a serious criminal offense in California. If you are convicted of fraud, you could face serious penalties, including jail time, heavy fines, and a tarnished reputation. If you are falsely accused of fraud, you may be the victim of malicious allegations and face even harsher consequences.
Common fraud cases our firm handles include:
- Real estate fraud. Real estate fraud occurs when a seller or agent makes false statements about the property to get a buyer to purchase it. This could include false claims about the condition of the property, the size of the lot, the neighborhood, or the history of the property.
- Identity theft. This occurs when someone steals your personal information and uses it for their own financial gain. Identity theft is a serious crime that involves fraud and could lead to charges of identity theft, credit card fraud, or bank fraud.
- Bank fraud. Bank fraud is fraud that occurs at a bank or other financial institution. This could include check fraud, credit card fraud, or identity theft.
- Health care fraud. Health care fraud occurs when someone falsely bills the government for medical services or products. This could include a doctor or nurse falsifying records to get more money, or a patient lying about their medical history to get insurance coverage.
Understanding Fraud Charges in California
Legal Definition of Fraud in California Fraud in California is generally defined as an intentional act of deception carried out to secure unfair or unlawful gain, or to deprive another person of a legal right. This can take many forms, ranging from financial schemes to false representations in various transactions. California law recognizes different types of fraud, including real estate fraud, identity theft, bank fraud, healthcare fraud, insurance fraud, and many others.
To secure a conviction for fraud, the prosecution must typically prove the following key elements:
Intent to Deceive: The accused must have knowingly and intentionally misrepresented a material fact or engaged in deceptive conduct. This means the person had a deliberate plan or purpose to deceive another individual or entity.
Reliance: The victim must have relied on the false representation or deceitful conduct. It’s not enough to simply lie; the victim must have acted on that lie or deception, believing it to be true.
Resulting Harm: The deception must have caused harm, usually financial, to the victim. This can include direct monetary loss, damage to property, or the loss of legal rights.
These elements are crucial because even if one of them is missing, a fraud charge might not hold up in court. However, fraud cases can be highly complex, with nuances that can affect the outcome, making experienced legal representation essential.
Potential Penalties for Fraud Convictions
Penalties for Fraud in California Fraud is considered a serious crime in California, and the penalties for a conviction can be severe. The specific punishment depends on the type of fraud committed, the amount of money or value involved, and whether the offense is classified as a misdemeanor or felony. Common penalties include:
Imprisonment: Many fraud convictions can result in jail or prison time. For instance, a misdemeanor fraud charge might lead to up to one year in county jail, while a felony fraud conviction could result in a prison sentence ranging from 16 months to several years, depending on the severity of the offense.
Fines: Convictions for fraud often come with substantial fines. These can range from a few thousand dollars for lesser offenses to hundreds of thousands or even millions of dollars in more serious cases, particularly when large sums of money or high-value property were involved in the fraudulent activity.
Restitution: In addition to fines, courts may order the convicted individual to pay restitution to the victims. Restitution is intended to compensate the victims for their losses, and the amount is usually equivalent to the financial harm caused by the fraudulent act.
Probation: Some fraud convictions may result in probation rather than jail time, particularly for first-time offenders. However, probation comes with strict conditions, such as regular check-ins with a probation officer, community service, and potential restrictions on personal freedoms.
Long-term Consequences: Beyond legal penalties, a fraud conviction can have long-lasting effects on a person's life. A criminal record can make it difficult to secure employment, housing, or professional licenses. Additionally, the social stigma attached to a fraud conviction can harm personal relationships and reputation.
Enhanced Penalties: Certain circumstances can lead to enhanced penalties. For example, if the fraud involved a large number of victims, a significant amount of money, or targeted vulnerable individuals (such as the elderly), the court may impose harsher sentences.
Understanding the potential penalties is crucial for anyone facing fraud charges in California. The consequences can be life-altering, which is why it's vital to have a skilled defense attorney who can navigate the complexities of the legal system and advocate for the best possible outcome.
Schedule a Consultation Today
Don't Talk Legal Center has defended hundreds of clients against fraud charges. Our San Diego fraud lawyer has the resources and experience to provide you with the best possible defense. We can thoroughly investigate your case and explore all your legal options. We are available day and night to answer your questions and discuss your case.
We make ourselves available to our clients and can provide the personal attention you need. Schedule a consultation by calling (858) 544-1386 or reaching out online.