If you face fraud charges, get in touch with an experienced criminal defense attorney immediately. Once you have a fraud conviction on your record, you might have trouble getting hired for jobs, securing professional licenses, obtaining housing, and getting credit.
A Chesapeake fraud lawyer can protect your rights throughout the criminal proceedings. Parks Zeigler, PLLC, can use their years of experience to achieve the most favorable outcome possible under the circumstances.
Explaining Fraud Charges
Fraud is a catch-all term that refers to obtaining something of value by false pretenses. There are multiple ways of committing fraud, and the charge an accused faces depends on the circumstances.
Some serious crimes, like money laundering, are felony fraud crimes. However, many frauds are misdemeanors, a less serious category of criminal charge. Examples of activities that could lead to misdemeanor fraud charges include:
- Altering a diploma or transcript
- Impersonating a police officer unless charged as a second offense
- Falsely claiming military service
- Writing bad checks
- Making false statements to obtain government-funded housing assistance
- Identity theft unless this constitutes a second offense
- Stealing utility services like electricity, cable television, or internet
- Bootlegging movies
- Knowingly misrepresenting the breed of a bull or cattle
When the fraud allegedly resulted in securing goods, services, or credit valued at more than $1,000 or depriving someone else of goods or services worth at least $1,000, the fraud is punished as a felony rather than a misdemeanor.
Every type of fraud charge requires prosecutors to prove several different elements to obtain a conviction. A fraud attorney in Chesapeake can examine the prosecutor’s evidence, determine where it is weak, and leverage the weakness to convince them to reduce the charge or drop it entirely.
Penalties for Fraud Convictions
Misdemeanors are less serious than felonies, but they are crimes. They result in a criminal record and could lead to jail time. Virginia Code § 18.2-11 sets forth the possible sentences for someone convicted of a misdemeanor.
Displaying a false insignia is a fraud crime, and it is a Class 4 misdemeanor leading to a potential $250 fine but no jail time. Possessing a small amount of forged bank notes is a Class 3 misdemeanor fraud crime, which could lead to a fine of up to $500 but no jail sentence. Most misdemeanor fraud charges are Class 1 misdemeanors, with potential penalties of a $2,500 fine, up to one year in jail, or both.
A person’s criminal record can impact the charge and the sentence. Someone who has prior convictions for a crime might face a more severe charge, including a felony charge. A Chesapeake lawyer can explain how prior convictions might impact a specific fraud case. Similarly, if an accused faces multiple misdemeanor charges resulting from the same incident or series of incidents, the penalties they face increase accordingly.
Defending a Fraud Charge
The best defense is tailored to the specific charge, the evidence, and the particular circumstances of the accused. No single defense will be effective in every fraud case. However, there are some defenses a Chesapeake fraud attorney can explore and use if appropriate.
Law enforcement overreach is a factor in many fraud investigations. If the authorities did not have the legal authority for a search, engaged in illegal surveillance, or entrapped an accused, a judge might not allow prosecutors to use the tainted evidence.
Fraud is a crime of intent. When the prosecutor cannot demonstrate the accused intended to wrongfully obtain some benefit, they cannot prove fraud. An attorney could challenge the prosecutor’s evidence of intent or assert that the alleged fraud resulted from an honest mistake or misunderstanding.
Contact a Chesapeake Attorney for a Vigorous Defense Against Fraud Charges
A fraud conviction could have a significant impact on the rest of your life. If you face fraud charges, avoiding a conviction should be your primary concern. A Chesapeake fraud lawyer will explore every possible avenue to get the prosecutor to drop the charge. If that proves impossible, we will construct a persuasive defense to obtain an acquittal at trial or a favorable plea bargain.
Do not trust your future to an inexperienced attorney. Contact Parks Zeigler, PLLC, today to get a strong advocate fighting for you.
