In California you commit fraud when you:
1. Commit an act that intentionally, knowingly or even negligently misrepresents an important fact or situation;
2. Another person or entity reasonably acts on this misrepresented fact or situation as you knew they would and/or wanted them to act; and/or
3. Your actions cause harm or loss to another person. In California the offense of 'Fraud" can be prosecuted or charged under several code sections in many contexts too many to mention here. However, if you are charged with fraud or misrepresentation in any context or code section it will in some way state that you are charged with "fraud" or "misrepresentation". In California there are several types of fraud, too numerous to mention here. Contact the Lee Law Group for further explanation of the complicated California Fraud laws.
Penalties Often referred to as California white collar crimes, these California fraud offenses can subject you to high fines and significant jail or prison sentences. Many of these crimes carry specific penalties, while others are prosecuted under Many California fraud crimes may be charged or prosecuted as misdemeanor offenses or felony offenses, depending on the facts of the case, and your criminal history. There are also a number of California fraud offenses that are automatic felonies.
In addition, many fraud offenses are also federal crimes, which mean that you could be prosecuted for a fraud offense in state court as well as in a federal court, subjecting you to increased penalties. Fraud offenses are also typically considered crimes of moral turpitude under California law, which means that California fraud convictions subject even legal resident aliens to removal or deportation.
Furthermore, California fraud offenses usually result in other, non-criminal, administrative penalties such as professional license suspension and/or revocation. And finally, the government may validly seize any money or other property that was involved in the fraudulent activity through a process authorized under California fraud offenses.
Possible Defenses Contact the Lee Law Group to fight your fraud charges. As the facts allow, possible defenses include demonstrating that you had no criminal or fraudulent intent to commit fraud. Without fraudulent intent, you cannot be convicted of fraud. Additional possible defenses include demonstrating that you were mistaken in your statements or actions and had no desire to misrepresent anyone. Further, if law enforcement officials charge you with fraud as part of a white –collar sting, as the facts allow, possible defenses include demonstrating that you were entrapped into committing fraud. These are just a few of the possible ways that we at Lee Law Group will protect you.
Contact the Lee Law Group for additional information on penalties for this offense.