Criminal Fraud in California

FRAUD CRIMES IS A SERIOUS OFFENSE  IN CALIFORNIA

Fraud, or white collar crime, consists of several different crimes like forgery and identity theft, insurance fraud, real estate and mortgage fraud, financial fraud, among other types of fraud. According to California law, any person who uses fraud or deceit to obtain possession of money, labor or personal property is guilty of theft by trick, which is different than larceny.

Larceny is just theft, whereas fraud and deceit requires you to obtain property you knew was owned by someone else and the property owner gave consent to your possession because you used fraud or deceit. It also requires that when you obtained it, you intended to deprive the owner of it permanently. To generalize the term, you commit fraud any time you commit an act that results in an unfair or undeserved benefit for yourself and/or cause harm or loss to another person. They are usually driven by either financial gain or the desire to escape criminal liability.

Fraud is our society in a variety of different ways. It can be done on the internet, forging, counterfeiting, falsely impersonating someone, insurance and healthcare, workers compensation, real estate, credit card and securities, nursing homes, vehicle registration and so many others so it’s important to not only keep a keen eye out on these things but also contact an attorney if you’ve been charged with fraud. Besides carrying prison terms and heavy fines, California fraud crimes can be charged as either felonies or misdemeanors depending on the defendant’s criminal history and the specific facts about the case.

Fraud offenses could also be as serious as federal crimes. Regardless of the charge, a fraud conviction could undermine your credibility if testifying in court and could subject both legal and undocumented immigrants to detention and deportation. An important thing to note is that fraud can only be charged when there is intent to defraud. For example, if you were charged with check fraud, but you believed you had enough money to cover the check, you cannot be found guilty of check fraud. An attorney will help your defense. Two other defenses for fraud are mistaken identity and entrapment. Entrapment, however, is not easy to prove. You would have to prove that police had to coerce an individual to perpetrate a crime that he or she would not have otherwise perpetrated.

IS FRAUD A FELONY IN CALIFORNIA

Yes, fraud can be a felony in California, depending on the type and severity of the offense. California law defines various types of fraud, and some of the most common include insurance fraud, credit card fraud, identity theft, and securities fraud.

The classification of fraud as a felony or misdemeanor typically depends on the amount of money involved, the nature of the fraudulent activity, and the defendant’s criminal history. For example:

• Insurance fraud and securities fraud are often charged as felonies due to their serious nature and the potential for large financial losses.
• Credit card fraud can be a misdemeanor or felony, depending on the value of the goods or services obtained.
• Identity theft is generally prosecuted as a felony.

Felony fraud convictions can result in significant penalties, including prison time, fines, and restitution to victims.

Contact Criminal Attorney in Sacramento

When you have been charged with a crime, choose a criminal attorney in Sacramento with the experience and dedication to make a difference. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.

Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

Types of Fraud Crimes

Expand on the various types of fraud mentioned briefly. For example:

• Credit Card Fraud: Involves the unauthorized use of a credit card or debit card to obtain goods or services.
• Identity Theft: The unlawful use of someone else’s personal information for financial gain or other illegal purposes.
• Insurance Fraud: Filing false insurance claims to receive unwarranted financial benefits.
• Real Estate & Mortgage Fraud: Includes fraudulent transactions involving property sales, mortgage applications, or real estate deals.
• Healthcare Fraud: Involves false claims for healthcare services or products to defraud insurance companies or government programs.
• Tax Fraud: Filing false tax returns or evading taxes intentionally.

Penalties for Fraud in California

Fraud crimes in California carry severe penalties, which can vary depending on the type of fraud, the amount involved, and the defendant’s criminal history. Fraud can be charged as either a misdemeanor or a felony, with penalties ranging from fines and probation to lengthy prison sentences. Below are the key factors that influence the penalties for fraud in California:

1. Misdemeanor vs. Felony Fraud
The classification of fraud as either a misdemeanor or felony depends largely on the severity of the crime and the financial loss to the victim:

• Misdemeanor Fraud: Typically applies to cases involving smaller amounts of money or less severe fraudulent activities. Penalties may include up to one year in county jail, fines up to $1,000, and possible probation.
• Felony Fraud: Reserved for more serious offenses, such as those involving large sums of money, multiple victims, or significant financial harm. Felony convictions can result in years of imprisonment in state prison, fines up to $10,000, and restitution to the victims.

2. Restitution
In addition to jail time and fines, individuals convicted of fraud are often required to pay restitution to the victims. This involves reimbursing the victim for any financial losses suffered as a result of the fraudulent activity. Restitution amounts can be significant and are determined by the court based on the extent of the damages caused.

3. Probation and Community Service
In some fraud cases, especially for first-time offenders, the court may impose probation instead of a lengthy prison sentence. Probation terms can last several years and may include:

• Regular meetings with a probation officer
• Community service
• Attending counseling or rehabilitation programs Violating the terms of probation could lead to additional penalties, including imprisonment.

4. California’s Three Strikes Law
For felony fraud convictions, defendants may face additional penalties under California’s “Three Strikes” law. If the defendant has prior felony convictions, a new felony fraud conviction could result in harsher sentencing, including life imprisonment for repeat offenders.

5. Penalties for Specific Types of Fraud
Different types of fraud come with their own specific penalties. Some common examples include:

Identity Theft: Generally charged as a felony, with potential penalties including up to three years in state prison and fines.
Insurance Fraud: Often a felony with penalties ranging from two to five years in prison, significant fines, and restitution to the insurance company.
Credit Card Fraud: Can be charged as a misdemeanor or felony depending on the amount stolen, with potential prison time ranging from one to three years.

6. Immigration Consequences
For non-U.S. citizens, a fraud conviction can have serious immigration consequences, including deportation or denial of re-entry into the United States. Certain fraud convictions are classified as “crimes of moral turpitude,” which can lead to removal proceedings or prevent an individual from obtaining citizenship.

7. Long-Term Consequences
Beyond the immediate legal penalties, a fraud conviction can have lasting effects on your personal and professional life. A criminal record for fraud may:

• Impact your ability to secure employment, especially in industries like finance or healthcare
• Result in the loss of professional licenses
• Affect housing opportunities
• Tarnish your reputation within the community

Fraud charges are complex, and the penalties can be life-altering. If you have been charged with fraud, it is critical to seek experienced criminal attorney in sacramento to mitigate the potential consequences and protect your rights.

Contact Criminal Attorney in Sacramento

When you have been charged with a crime, choose a criminal attorney in Sacramento with the experience and dedication to make a difference. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.

Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.