For a Fraud Charge in San Diego, the Defense Lawyer You Choose is CRUCIAL — We’ve Defended Over 2000 Criminal Cases, With a Proven Track Record of Success Defending Fraud Charges!
In California, the crime of fraud encompasses several different offenses. What most fraud crimes have in common under California law is that they either consisted of actions that (1) resulted in an unfair benefit for the defendant and/ or (2) harmed another person or caused them a loss. Fraud includes a wide range of crimes within the California Penal Code.
Fraud is usually referred to as “white collar crime,” and consists of several crimes including but not limited to: forgery and identity theft, insurance fraud, mail fraud, real estate and mortgage fraud, generic financial fraud, and fraud involving the elderly.
Most Common Penalties for Fraud in California:
Beside carrying long prison terms and heavy fines, many California fraud crimes are what are called “wobbler offenses,” which means that they can either be charged as felonies or misdemeanors depending on the defendant’s criminal history and the specific facts of the case. Other fraud offenses are also automatic felonies. Many other fraud offenses are also federal crimes.
Still other fraud offenses can lead to the revocation and denial of a number of state professional licenses. Moreover, most fraud offenses are also viewed as offenses consisting of moral turpitude. A fraud conviction could undermine your credibility if testifying in court and could subject both legal and undocumented immigrants to detention and deportation.
Additionally, the government may and usually does seize any assets involved in the fraudulent activity. This includes money, land, real estate, artwork, vehicles, and jewelry.
The most common defenses for fraud charges in California:
No fraudulent intent – Fraud can only be charged when there is intent to defraud. If defrauding someone was not your objective, your defense attorney will help you argue accordingly. For example, when a defendant is charged with check fraud, if the defendant believed that he had enough money to cover the check, he cannot be found guilty of check fraud.
Mistaken Identity – Mistaken identity can be a useful defense for fraud. There are two situations where an attorney can help you argue mistaken identity. In one case, you may be the victim of mistaken eye-witness identification. In the second case, you may be mistakenly identified by assumption. For example, you work at a nursing home in the accounting department and are charged with theft for funds that you did not take. However, since you work in accounting, it is assumed that you took it.
Entrapment – Entrapment is not easy to prove in California. Under California law, it is not sufficient for undercover police to provide a suspect with an opportunity to commit a crime. To rise to the level of entrapment, police had to coerce an individual to perpetrate a crime that he or she would not have otherwise perpetrated. This can often be very difficult to prove.
At Superior Law Center, we have over 15 years experience defending fraud charges, and we’ve helped many San Diego County residents get their fraud charges reduced or even dismissed.
Either way, if you are facing fraud charges in San Diego, don’t waste ANY time. Superior Law Center can help you immediately. Call (800) 823-0943 for a FREE confidential consultation.
Superior Law Center’s professional reputation is backed by an impeccable winning track record.
When clients come to Superior Law Center with a fraud charge, they are given the individual attention and care they need to get through the stressful legal process. ALL of your rights will be protected, and we will NOT stop until we have secured your freedom and gotten you the best possible outcome!
Do NOT speak to law enforcement or investigators about your fraud charges, as that information can and will be used against you in a court of law.
Recent Fraud Case Results in San Diego:
11/08/14 – Felony Welfare Fraud. Result: Case Dismissed. – E.G.
12/17/14 – Felony Fraud. Result: Misdemeanor; No Jail. – W.E.
Call Our Experienced San Diego Fraud Lawyer Immediately at (800) 823-0943 for a FREE, Confidential Consultation.