A conviction for fraud or any other white collar crime may have significant consequences for a defendant’s life. If you are facing fraud charges, you need to seek the advice of a white collar crime attorney. These cases are complex and often technical, and they should be handled by someone who understands their nuances. Even if you have not formally been charged but believe that you are a target of a fraud investigation, you should contact San Diego fraud defense lawyer Roseline D. Feral immediately. We want to help you avert or minimize any harm to your reputation or your future.Understanding Fraud Charges in California
Fraud is a common type of white collar crime that may be charged under state or federal laws. A white collar crime is a crime that is financially motivated and nonviolent, and it is often committed by business or government professionals. Under California law, a person engages in fraud when they commit an act that results in an unfair or undeserved benefit for them, and it causes harm or loss to another person. Detecting fraud is not always clear-cut. Some situations in which it may occur include:
- Forgery and identity theft;
- Insurance fraud;
- Mortgage fraud;
- Mail fraud;
- Auto insurance fraud;
- Medical insurance fraud;
- Workers’ compensation fraud;
- Financial fraud; or
- Fraud involving the elderly.
As with other criminal offenses, the prosecution must prove each element of the type of fraud charged beyond a reasonable doubt, which is the highest burden of proof in the legal system.
Fraud offenses may carry serious penalties involving long prison sentences and heavy fines. Many California fraud crimes are “wobbler” offenses, which means that they may be charged as a misdemeanor or a felony, depending on the specific facts of the case and the defendant’s criminal history. However, there are also a number of fraud offenses that are automatic felonies. Furthermore, many fraud offenses are also federal crimes, which means that you might be prosecuted for the crime in both a state court and a federal court. Serving people throughout the San Diego area, knowledgeable fraud defense attorney Roseline D. Feral can help you navigate the process in either California or federal court.
Just because you or your loved one has been charged with fraud does not mean that the government will get a conviction. There may be a number of defenses that may be applicable in your case, depending on the circumstances. One of these potential defenses involves establishing that you had no fraudulent intent. Fraud may only be charged when there is an intent to defraud. If defrauding someone was not your goal, your attorney can help argue that. Another defense is that the events giving rise to the charge involved a case of mistaken identity. For example, you may have been a victim of a mistaken eyewitness identification, or you may have been mistakenly identified based on faulty assumptions.
In another example, you may be able to use the legal defense of entrapment. Entrapment occurs when police coerce an individual to commit a crime that they would not have otherwise committed. Like many other defenses, this is a challenging argument to establish without the assistance of a skilled attorney.Contact a Fraud Defense Lawyer in the San Diego Area
If you have been charged with a white collar crime, you need to retain legal counsel without delay. The sooner that a criminal defense attorney can review the facts of your case, the better. With nearly 30 years of experience, San Diego fraud defense attorney Roseline D. Feral understands how to navigate these complicated situations. We also represent defendants in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To schedule a free consultation, contact us online or call our office at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191.