The Legal Consequences of Being Charged With Fraud

Fraud law covers a wide range of crimes and penalties. A fraud conviction can lead to jail time and fines.

It can also result in being charged in federal court, especially when it involves mail or wire fraud or a scheme to defraud the government. It is important to consult with an experienced attorney to review your case and determine the best legal defenses or learn more about legal consequences of being charged with fraud.

Penalties

The penalties associated with fraud vary depending on the crime and alleged victim. In criminal cases, penalties may include fines, restitution (victim reimbursement), community service, and jail time.

Fraud crimes are often committed against individuals or organizations that rely on government assistance such as Medicare and Medicaid. These crimes are often complicated and involve multiple alleged victims or large sums of money.

A conviction for a fraud offense can affect a person’s reputation and make future employers wary of hiring them. Hiltzheimer Law Office has helped many clients get their fraud charges dismissed and avoid the stigma of a criminal record by successfully negotiating deferred prosecution agreements for various misdemeanor and felony cases.

There are many potential defenses to fraud, including mistaken identity, insufficient evidence, lack of intent, and more. A skilled attorney can conduct a thorough investigation and use these defenses to build your case. To learn more about defending against fraud, contact Hiltzheimer Law Office today.

Misdemeanor

Depending on the crime involved, fraud can be classified as either a misdemeanor or a felony. A conviction for a criminal fraud offense will usually have a serious impact on an individual’s future. Having a fraud conviction on a record can limit educational, employment and housing opportunities. It can also lead to the loss of voting rights and parental rights.

Each state has a different set of laws to classify crimes and determine penalties. Less serious crimes involving smaller amounts of money will be considered misdemeanors, while larger-dollar fraud crimes may be classified as felonies.

Generally, class A misdemeanors have the most severe penalties. They can include no jail time for first offenses and up to a year of county jail. They can also result in probation, conditional discharge, community service, fines and mandatory state surcharges, and -if the judge deems it appropriate – orders of protection in favor of the victim. Class B misdemeanors have less severe penalties, but still carry the possibility of jail time and can be accompanied by probation and conditional discharge.

Felony

The penalties associated with felony fraud convictions vary widely depending on the specific crime committed. For example, insurance fraud that involves dollar amounts of less than $500 is considered a misdemeanor offense in New York; however, if someone is caught forging a check and attempting to defraud a business out of over a million dollars, it would be a felony charge punishable by up to 25 years in prison.

In addition to incarceration and fines, most states require those found guilty of fraud to pay back victims for their losses. These payments are commonly referred to as restitution.

It is important for those accused of fraud to speak with a criminal defense lawyer immediately. An attorney can review the evidence, determine what criminal fraud defenses are available and provide representation during court proceedings if necessary. They can also help individuals find a way to avoid a criminal fraud conviction if they decide to plead or no contest.

Federal

Many fraud crimes involve large amounts of money and may result in federal charges. For instance, a person who commits wire fraud by using the internet to make false representations and entice someone to purchase gem futures contracts at an artificially low price would be charged at the federal level. A conviction could lead to a fine in the thousands of dollars, as well as restitution for any losses suffered by the victim.

Depending on the severity of the crime, a person might be subject to prison time for a federal fraud conviction. If you are facing federal fraud charges, it is essential to consult a criminal defense attorney experienced in federal court matters right away. A knowledgeable New York fraud lawyer can help you understand the penalties that your case carries and fight to protect your rights. In some cases, a federal conviction will require a period of probation in addition to a prison sentence.