Featured News 2013 Define the Law: Fraud

Define the Law: Fraud

If you have been accused of a white-collar crime such as fraud, it is absolutely essential that you contact an experienced criminal defense lawyer as soon as possible in order to challenge the charges placed against you. In the event that you are convicted for this crime the penalties may be severe and affect the rest of your life in a number of ways. Whatever you do, aim to protect your future and your reputation by contacting an aggressive defense that will relentlessly fight on your behalf for justice.

When it comes to the criminal act of fraud, the laws which address it will very in every state across the U.S. and can either be a less severe civil charge, or a much more harsh accusation of a criminal charge. If a person is accused of civil fraud, it means that bad-faith was involved in the situation rather than a broad scheme. Criminal fraud on the other hand means that the perpetrator had specific criminal intent when the act was committed, rather than simple dishonesty or a mistake like a civil case. In a criminal matter, depending on the severity of the act, the offender may be looking at extreme fines for their act as well as possible jail time.

As stated above, fraud laws will change for each state, though there are a few general guidelines that will be found across the board if a person is committing fraud. The first would be that the offender somehow misrepresented a specific material fact to another person or entity. Second, that same person would also have to have the prior understanding that the fact is actually false. Third, that fact would have had to be given to someone who would rely on that piece of information and would be affected by the misrepresentation. Finally, this misrepresentation to the other person would have resulted in some form of injury or monetary loss as a result, to the gain of the original offender. However, when it comes to the side of the prosecution, they face a very large task in having to prove each of these four listed factors individually before the court prior to the accused being convicted for the crime.

Fraud crimes can come in a vast span of different actions, though in most circumstances it revolves around the receiving of money or goods. An example of these types of fraud include: tax fraud, identity theft, bankruptcy fraud, insurance fraud, mail fraud, credit card or debit card fraud, securities fraud and many others. Depending on the specific situation at hand, if you re arrested for fraud you may be facing wither civil or criminal charges, and in some cases both. If you are accused of a criminal fraud crime, it is very likely that the court will then consider it a felony act, which means that the consequences if convicted will be much more severe. If convicted for a felony act, you may be looking at fines, jail time, probation periods, and perhaps even risk the ability to work in certain fields ever again because of your criminal history. The court will also determine the severity of your penalties depend on the parties against whom you actions were committed; such as an elderly woman, a large corporation, or a small family, etc. for example.

As you can see, the act of fraud is a serious offense because it involves money. For this reason, having a strong legal defense on your side is absolutely essential in order to fight for your future. Please contact a lawyer in your area by using our website, today.

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