Fraud Lawyer San Jose
Fraud consists of using intentional deception to steal from someone. There are many types of fraud in California, and this is one of the most aggressively prosecuted crimes. At Knight Law, we know that many people get caught accidentally using someone’s credit card or taking money from a bank account. You should not end up in county jail or prison for years based on a simple mistake. Contact our law firm. There are situations where an employer may accuse the employee of embezzling funds entrusted to that employee. We have defended against all types of fraud claims and know this area of law well. In a free consultation, we can discuss the charges and possible defenses.
Fraud Charges in California
California law criminalizes many types of fraud:
1. Credit Card Fraud (Section 484 PC). This is a common type of fraud in California. Section 484g makes it illegal to use a forged, fake, or expired card or a card which belongs to someone else. The charge will depend on the value of the property stolen. Section 484e is a crime to possess the stolen credit card of someone else. If you are charged with a felony, you can face up to 3 years in prison.
2. Grand Theft (Section 487 PC). You have committed a felony if you use fraud to obtain the labor, money, property of someone else valued at more than $950. You can face up to 3 years behind bars.
3. False Pretenses (Section 532 PC). Many fraudulent schemes or scams are charged under this section.
4. Health Care Fraud (Section 550 PC). This section covers various health-care related crimes, including submitting false claims to an insurer for payment. You can face years behind bars if convicted.
5. Check and Financial Fraud (Section 532a PC). Lying on a loan application is an example of fraud under this section. Submitting falsified information to receive money is another. These are “wobbler” offenses, meaning the prosecutor can charge as either a misdemeanor or felony.
There might be immigration consequences to any fraud conviction, which we mention here. Fraud is a crime of moral turpitude, which means that it could result in deportation or a denial of re-entry. A fraud conviction can also prevent someone from adjusting their status.
Defending Against Fraud Charges
Fraud is one of the harder crimes for a prosecutor to prove. There are many elements, and we can cast doubt one some of them:
1. Lack of intent or knowledge. It’s not fraud to make an innocent mistake on a loan application or to use a person’s credit card when you honestly thought they gave you permission.
2. Truthful information. The case might turn on you making allegedly false statements or misrepresentations. If the statements are true—or if there isn’t enough evidence that they are false—then you can beat a fraud charge.
3. No loss. Grand theft requires a loss of more than $950. The prosecution might not be able to prove any loss. This isn’t a defense to some fraud charges, however.
4. Mistaken identity. Someone else might have committed fraud, not you.
We Can Defense Against Any Fraud Charge
Fraud cases range from prosecutions of elderly grandmothers for using a credit card to major prosecutions of large companies for scamming millions of customers. Call Knight Law to speak with our defense attorney in a free consultation.
