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How to get rid of charges for violating fraud laws?
sdcrimedefense.com Fraud crimes are aggressively prosecuted in California. Though these crimes don't involve any substantial bodily injury or death, they can cause some form of financial loss to the target victim. Therefore, a conviction for a fraud crime in California can result in serious prison time and fines, depending on the amount involved. If you or your loved one is facing charges for violating fraud laws in California, you should seek an attorney who will review your case for the best possible outcomes. Schedule an appointment with the Chula Vista Criminal Attorney today for expert legal advice about your case.
Definition and Types of Fraud Crimes in California
Fraud refers to any false representation, for a matter of fact, whether by conduct, words, misleading allegations or by concealing something that you're supposed to reveal. It also refers to deceiving someone or an institution for unfair monetary gain or causing that person or institution to suffer a loss. Several types of fraud crimes fit the description provided above. Below are some of the common types of fraud and laws in California. Chula Vista Criminal Attorney.
Auto Insurance Fraud
Several statutes define auto insurance fraud in California. Automobile insurance refers to any false insurance claim that's made knowingly. It also refers to any form of deceit made to an insurance company to receive benefits you aren't legally entitled to. Some of the common forms of California auto insurance fraud are as follows:
Penal Code 548: Damaging or Abandoning a Motor Vehicle
Under California Penal Code 548, it's illegal to injure, hide, abandon, dispose of an insured motor vehicle to defraud or prejudice its insurance company. You can still be liable for this crime even after attempting to injure, destroy, hide, or abandon the vehicle doesn't lead to the intended monetary gain. You can also be liable for this crime even if the car in question isn't yours.
California Penal Code 550: Making Fraudulent Claims
Penal Code 550 involves several forms of car insurance fraud. Under Penal Code 550(a)(4), it's a crime to present a fraudulent or false claim for destruction, damage, conversion, or theft of a motor vehicle.
Like Penal Code 548, the target insurance company doesn't necessarily need to suffer a financial loss to be guilty of this crime. However, you must know that your claim is fraudulent to be liable for this crime.
Other forms of auto insurance fraud crimes covered under this statute include:
* Penal Code 550(a)(3): causing an accident to defraud an insurance company
* Penal Code 550(b) (1-4): Making false statements
* Auto insurance fraud made by employees and business owners
Penalties for Auto Insurance Fraud
The penalties for auto insurance fraud in California depend on the specific crime that you're alleged to have committed. Below is a breakdown of penalties for common fraud crimes in California.
Penalties for Abandoning or Damaging a Motor Vehicle
Destroying, damaging, abandoning, or hiding an insured vehicle to defraud an insurance company is a felony in California punishable by:
* Formal or felony probation
* Custody in county jail for 2, 3, or 5 years
* A maximum fine of $50,000
You can also face a two-year sentence enhancement for every previous auto insurance fraud conviction under California Penal Code 548 or 550.
Penalties for Fraudulent Claim or Multiple Claims
Submitting false claims under California Penal Code 550(a)(4) or multiple claims under Penal Code 550(a)(2) is a felony punishable by:
* Formal or felony probation
* Custody in county jail for 2, 3, or 5 years
* A maximum fine of $50,000 or double the amount involved in the fraud, whichever is greater
You can also face a two-year sentence enhancement for every previous felony conviction under California Penal Codes 548 and 550. You aren't eligible for a suspended sentence or probation if you have a prior felony conviction for auto insurance fraud.
Penalties for Causing an Accident to Defraud an Insurance Company
An auto insurance fraud associated with causing an accident is a felony punishable by:
* Formal or felony probation
* Custody in county jail for 2, 3, or 5 years
* A maximum fine of 50,000 or double the amount involved in the fraud, whichever is greater
You can also face several sentencing enhancements in this specific form of auto insurance fraud as follows:
* A sentence enhancement of two years for every previous felony conviction for auto insurance fraud under Penal Code 548 and 550
* A sentence enhancement for five years if you have two or more previous felony convictions for fraud by causing an accident
* A two-year sentence enhancement for every person other than the accomplice who suffers substantial bodily injury due to your actions
* A sentence enhancement for three or more years if you inflict significant bodily injury on someone while causing the accident |
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