Encinitas Fraud Defense Attorney
If you are charged with fraud in Encinitas, it’s important to know more about it, especially the defenses that you can use to cancel the charges. Hire a legal attorney who can guide you in learning the law and represent you in court.
Fraud refers to misrepresentation and intentional deception for monetary gain or self-gratification. It can be committed through the form of words or conduct, false and misleading accusations, suppression or concealment of what must be disclosed, etc. Deliberate deception to secure personal gain is an act of fraud. Fraud being a crime is one thing, and fraud being a civil matter is another.
Call Lee Law Group at (619) 349-1588 now to get a free consultation with an experienced lawyer.
Forms of Fraud
Fraud can be conducted in various forms. They include but are not limited to, the following:
This form of fraud occurs when a defendant intentionally deceived a victim who completely trusted him through misrepresentation—stating that what is false is a fact. As a result, the victim suffered from a great loss or harm.
Negligent misrepresentation refers to making false statements without giving any regard to facts or factual information.
Intentional concealment pertains to the refusal of a defendant to disclose information that needs to be known by the other person.
False exposition is to bluntly state an opinion containing false information, and someone relied on it. Upon relying, the person was harmed or lost valuable property, etc.
Types of Fraud
Various types of fraud differ in means, and institutions who will handle the case. Here are some of the most common types of fraud:
According to Penal Code Section 530.5 of Identity Theft Laws, a person’s conduct is deemed unlawful if:
- He deliberately acquires the personal identifying information of another person without that person’s consent or permission.
- He obtains and retains the possession of another person’s personal identifying information without his consent and with the intent to engage in fraud.
- He sells, transfers, provides another person’s personal identifying information without his permission and with the purpose of committing fraud.
- He sells, transfers, provides another person’s personal identifying information knowing that the sold information will be used in fraud commission.
A willful act intended to deprive another person of his personal identifying information to gratify personal interests is considered identity fraud in the state of California. The suffering of the victim from loss is an essential element to constitute identity fraud.
Another type of fraud crime is forgery. Forgery is related to identity theft and involves obtaining a fake copy of another person’s important personal documents. When someone is convicted of forgery, he will not only suffer from the penalty and punishment of forgery laws but also those of identity theft laws.
Check fraud involves the use of another person’s check without his consent to obtain financial gain. The culprit can make a false copy of the check document and use it to commit check fraud. If a person alters another person’s checks, bills, and other legal documents used for payments with the intention to defraud the owner and used the documents, he can be charged with fraud.
Credit Card Fraud
This type is another form of identity theft that involves the use of a stolen credit or debit card or all the information without the consent of the owner. The person committing fraud may either withdraw money from the debit card or charge the credit card with shopping or any type of bills.
Health Insurance Fraud
Health insurance fraud is constituted when an insured person fakes or makes a false statement regarding a health emergency to withdraw undue funds from the insurer company. It is also unlawful to make a request to claim any health service that will not be used by the owner or beneficiaries of the insurance.
Defenses to Fraud Charges
Being charged with fraud in Encinitas, CA requires the professional work of a legal expert, a fraud defense attorney. If you are looking for ways to cancel the charges put against you, consider the following defenses:
Lack of Intent
The intent to commit fraud or provide misrepresentation is an integral element in proving that someone is guilty of fraud. If the prosecution fails to establish the intent of the defendant beyond a reasonable doubt, the defendant will remain innocent.
To prove the fraud commission of the defendant, the prosecution must present a number of concrete evidence that supports their claim. Now, if there is not enough evidence to support their accusation, they will not succeed in convicting you of fraud.
Mistaken identity is a common defense used for different types of crimes. Identity theft is one of the most crucial types of fraud as it talks about identity. There is always a chance where the police found the wrong person. If you are not the person they’re looking for, you have an edge in counteracting the charges using mistaken identity defense.
Probably you made a false statement but a non-fraudulent one. Not all false statements are considered fraudulent. Other false statements are true.
Entrapment is a defense that states you were only tricked or threatened to do the fraudulent act; otherwise, you wouldn’t have done it.
Consult with a Fraud Defense Attorney
If you’re struggling with dealing with fraud charges, seek help from a fraud defense attorney. He will clarify your situation to you and the California court and provide solutions to your legal concerns. A Encinitas legal expert will guide you in the journey of proving your innocence to the court and law. Lee Law Group offers legal services that you can apply to your case.
Call Lee Law Group at (619) 349-1588 now to consult with our defense lawyers!