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Fraud is generally defined as a knowing misrepresentation of fact with the intent to deceive to induce the victim to take action. The motive behind many fraudulent acts is the desire to make financial gain. In addition to this, people often commit fraud in order to escape criminal culpability.
California penalizes many fraudulent acts, and, while some of these clearly reflect these motives, there are many that do not.
Many of these crimes carry their own specific penalties, while others are prosecuted under California’s theft laws, which include Penal Code 470 – California’s forgery law or Penal Code 118 – California’s perjury law.
Many California fraud crimes are known as ‘wobbler’ offenses, which means that prosecutors may charge them as misdemeanor or felony offenses. This depends on the facts of the case in question and the defendant’s criminal history. However, there are also a number of California fraud offenses that are automatic felonies.
Any fraudulent act that crosses state lines or involves the defrauding of a federal institution can be charged federally. Federal sentencing guidelines for fraud are extremely severe. Federal fraud penalties are generally restitution, fines, and imprisonment. The federal court also imposes interest and penalty assessment fees. This can add up to high restitution penalties that can create an onerous lifelong financial burden for the accused.
Fraud offenses are also typically considered crimes of moral turpitude under California law. This is particularly important for immigrants and legal resident aliens as it means that they may be subject to removal or deportation.
Furthermore, California fraud offenses can result in people losing their livelihoods as the punishments for fraud can result in not only criminal prosecution, but also professional license suspension and/or revocation.
Moreover, the government may be able seize any money or other property that was involved in the fraudulent activity through a forfeiture process authorized under California fraud offenses.
One defense strategy that Walk Free Law often employs against fraud charges is to demonstrate that the defendant did not have fraudulent intent. This is important, because to be convicted of fraud, the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a fraud – to induce someone to act or not act based on a knowing misrepresentation.
Our firm has also found that some defendants are victims of mistaken identity.
Walk Free Law has also negotiated acquittals based on the legal defense of California entrapment. Entrapment serves as a defense if the defendant can prove that the crime originated with the police and the defendant otherwise was not predisposed to the fraudulent conduct.
Even if the evidence against you is overwhelming or you have already confessed to fraud, Walk Free Law can still help you by having your sentence reduced. Fraud cases are often complex as are fraud trials and this creates various opportunities for plea bargains.
