FRAUD CHARGES

What kind of cases are charged as Fraud?

There are a variety of crimes that can be classified as fraud related charges. In some cases fraud charges involve allegations of theft and can be charged as a Theft charge; other times it involves the use of someone else’s identity or financial information. In fact, sometimes even simply having someone’s identification card or debit card can lead to felony charges. Although some cases may be simple, financial fraud cases can also become very complicated with a large amount of financial documents and records that your attorney will need to review to build your case.

California has a variety of laws relating to specific types of fraud, for example insurance fraud, healthcare fraud, other benefit fraud, and even fraud related to automobiles

What are some common fraud charges?

To read more about a specific charge in detail, read on below:

Identity Theft
False Impersonation
- Providing False Identification to an Officer
- Possession of a Fake ID
Financial Fraud
- Insurance and Benefit Fraud Charges
Extortion

IDENTITY THEFT

Definition of Identity Theft

California Penal Code 530.5 defines the crime of Identity Theft as follows:

Willfully obtaining another’s personal identifying information
- (for example: name, phone number, address, identification number, bank records or card, or personal documents)

And using it for any unlawful purpose
- (for example obtaining or trying to obtain credit, goods, services, property or medical information without consent)

This charge is a wobbler meaning it can be charged as a misdemeanor or felony.

All of these elements must be proven beyond a reasonable doubt, therefore if any element fails the case may not be able to be proven. For example if you had someone else’s ID or debit card, by mistake, then you did not have it willfully. or if you had it with their permission, then you were not intending to commit a crime.

Potential Outcomes for a charge of Identity Theft

As a potential felony, this charge carries very consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for this charge range as follows:

Felony:

Up to 3 years in prison
- or more depending on enhancements or your criminal history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order

Misdemeanor:

Up to 1 years in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order

FALSE IMPERSONATION & FAKE I.D Charges

False Impersonation

This charge also involves using someone else’s identity and is often considered a lesser charge to Identify Theft, and is designed to encompass the situations that do not amount to Identify Theft as outlined above.

California Penal Code 529 allows False Impersonation to be charged for the following:

Falsely Impersonating another; and
Doing any of the following:
- Using it to obtain a loan or credit
- Holding yourself out to be that person in writing
- Commit an act that could cause that person to be liable in a lawsuit, prosecution, financially responsible, or penalized; or benefits yourself

This charge is a wobbler that can be charged as a misdemeanor or a felony.

Potential Outcomes for a charge of Possessing Another’s Identification

Felony:

Up to 3 years in prison
- or more depending on enhancements or your criminal history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order

Misdemeanor:

Up to 1 year in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order

False Identification to an officer

Under California Penal Code 148.9, giving a false identification to a law enforcement officer is a specific offense. It is not a crime to decline to identify yourself prior to being arrested. But giving a fake name, or someone else’s name to try to avoid arrest is chargeable under this law.

This charge is a misdemeanor.

Potential Outcomes for a charge of Possessing Another’s Identification

Up to 6 months in jail
Fines of $0-$1,000
Probation

Possession of a Fake ID

California Penal Code 470(b), is the law relating to a common scenario involving false identification which is having an ID that is false, in another’s name, altered or otherwise falsified in order to either deceive or cause legal, financial or property damage. The most common scenario where this is charged is when people who are under the age of 21 use a fake ID or someone else’s ID in order to purchase alcohol.

This charge is a wobbler, which can be charged as a misdemeanor or a felony.

Potential Outcomes for a charge of Possessing Another’s Identification

Felony:

Up to 3 years in prison
- or more depending on enhancements or your criminal history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms

Misdemeanor:

Up to 1 year in jail
Fines of $0-$1,000 and Restitution
Probation

FINANCIAL FRAUD Charges

Definition of Financial Fraud

Financial Fraud is a broad definition for various charges involving using another’s information or false information for financial gain. California has specific charges for different categories of types of fraud; some of which we outline below. Every case is different, and if you have questions about the specifics of your case that is not answered below, you can contact us here for a free consultation.

Insurance or Benefits Fraud

This will be charged if you unlawfully attempt to receive a benefit through a benefit or insurance claim. For example:

Healthcare Insurance Fraud
Medicare Insurance Fraud
Welfare Fraud (WIC 10980)
Unemployment Fraud (UIC 2101)
Worker’s Comp Fraud (CIC 1871.4)
Car Insurance Fraud (PC 548, PC 549, PC 550, PC 551)

Potential Outcomes for a conviction for an Insurance or Benefits Fraud Charge

These charges range from felonies to wobblers which can be charged as either a felony or a misdemeanor. For a felony conviction under one of these statutes you could be looking at a maximum of the following:

Up to 5 years in prison
- or more depending on enhancements or your criminal history
- Up to 10 for Healthcare Fraud
Fines up to $50,000 and Restitution
- Up to 150,000 for Worker’s Comp Fraud
Probation
Prohibition of Possessing Firearms

Real Estate Fraud

This will be charged if you use false information or a misrepresentation in a real estate or mortgage transaction.

Foreclosure Fraud (CIV 2945.4)
Forgery of Real Estate Documents
Mortgage or Loan Fraud

Potential Outcomes for a conviction for Real Estate Fraud

These charges range from felonies to wobblers which can be charged as either a felony or a misdemeanor. For a felony conviction under one of these statutes you could be looking at a maximum of the following:

Up to 3 years in prison
- or more depending on enhancements or your criminal history
Heavy Fines and Restitution
Probation
Prohibition of Possessing Firearms

EXTORTION

Definition of Extortion

California Penal Code 518 defines Extortion as

Obtaining either:
- another’s property (or anything of value)
- the official act of a public officer
By either:
- wrongful use of force or fear
- under the guise of an official right

This charge is a felony.

Potential Penalties for a charge of Extortion

Up to 4 years in prison
- or more depending on enhancements or your criminal history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms

WHAT CAN YOU DO ABOUT A FRAUD CHARGE?

What should I do if I am accused of Fraud?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Fraud?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.

What if the alleged victim wants to drop the charges against me?

Sometimes these charges involve the personal information or finances of a friend or family member. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that.

That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case. In some cases, the fact that you had the owner’s permission can be a defense to these types of charges.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can help you assess the evidence and your history to review your options with you.