In layman’s terms, fraud occurs when something is not what it seems because of lies or omissions, and a person is tricked out of money or other assets. It is a widespread crime that touches people from across all socioeconomic classes and ages and all industries, including housing, insurance, real estate, banking, and romance. Florida is one state that aggressively prosecutes the crime since it is ranked in the top 10 states for fraud.
If you are charged with fraud, you should know it can be a misdemeanor or felony, known as a wobbler crime, but Florida prosecutors favor felonies. With a conviction, a felony can greatly impact your future and family. Do not let this criminal charge ruin your life. A Belle Isle fraud lawyer is well-versed in defending clients and winning dismissals, and negotiating lesser charges, probation, and no prison time. Call now and tell us your story.
When the Ninth Judicial Circuit Court prosecutor charges a felony fraud, they must prove certain elements beyond a reasonable doubt to win a conviction. These elements include:
An effective way to defend you against fraud charges is to successfully refute the prosecutor’s evidence connecting you to the crime. For example, if you make a false claim to entice another to enrich you, the law requires that you know it is false. If you believe it to be true, a case will fail for lack of meeting the element of presenting a lie as a fact. A Belle Isle fraud attorney ferrets out these small details to defeat charges against you.
Fraud in certain cases is a first-degree misdemeanor, such as for a bad check for less than $150, which carries a one-year stint in Orange County jail. If the void check is written for $150 or more, the charge is a third-degree felony with a prison term of up to five years and a possible fine.
Identity theft, which is possession of another’s personal identification information, is also a first-degree misdemeanor if the information concerns four or fewer people according to Florida Statutes § 817.5685. You can spend a year in jail for identity theft if the amount of the loss is below $5,000, but if the amount is more, the charge is often elevated to a second-degree felony.
Forgery, a third-degree felony, involves tampering with a legal document, such as a will, to gain an advantage or a considerable amount of money.
Bribery is a second-degree felony and involves offering a public official something of value in exchange for a favor, or if you are a public official, soliciting payment for a favor, according to Fla. Stat. § 838.015. You can be incarcerated for up to 15 years upon conviction and be fined up to $10,000, followed by probation.
Because of its desirable location for retirees, Florida has become a hotbed of crimes against the elderly. Defrauding an elderly person out of their savings is a third-degree felony if the amount is less than $10,000. It becomes a second-degree felony for amounts between $10,000 and $50,000, and a first-degree felony for amounts exceeding $50,000. First-degree felonies are punishable by up to 30 years in prison with a possible $10,000 fine. A Belle Isle fraud attorney familiar with how the Ninth Judicial Circuit Court operates can assist you when charges are filed.
An arrest is only the beginning of the legal process to exonerate you or fight for the best outcome. Along with sentencing guidelines, the court considers mitigating factors when determining your fate. If you are young, do not have a long criminal history, or the reason you needed the money is altruistic, it could make a difference. We explore all possible defenses applicable to your case and use them to refute the prosecutor’s assertions.
Law enforcement may have violated your rights to a proper search or seizure, or you may have been entrapped by police to commit the crime. You might have an alibi and were mistaken for the perpetrator. Rest easy knowing our fraud lawyers are diligent, tenacious, and committed to providing the best defense possible in Belle Isle.
If you are in trouble with the law, we are ready to defend you. Fraud charges are varied and involve complicated scenarios that we dissect to rebuild into ones that favor you. Remember, the prosecutor can leave no doubt in the jury members’ minds that you are guilty.
We sew the seeds of doubt so the jury will hopefully act in your favor. Even a small piece of doubt means a defendant should be found not guilty. Call today if you are facing an ordeal in the criminal justice system. A Belle Isle fraud lawyer is dedicated to helping you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
