Fraud: California Penal Code 484

Fraud Defense Lawyers

Information about Fraud Offenses in Los Angeles and California

The term “fraud” can apply to many different types of criminal conduct in California. “Fraud” describes several different offenses, not one universal charge. The prosecutor must prove the elements of the statute named in the complaint, such as a particular false statement, knowledge or intent, and a required property or benefit connection. Fraud crimes can range from using someone else’s credit card to purchase gas one time to investment fraud schemes that result in millions of dollars in losses to unknowing victims.

No matter what the facts of your fraud allegations may be, you need a highly experienced California white collar crime and fraud defense attorney on your side. These cases can be complicated with significantly different types of evidence than other crimes. Fraud cases can involve lengthy investigations before you are ever arrested, during which authorities build their case against you. You need a defense lawyer who will build an aggressive and effective defense strategy for you. Please do not hesitate to contact The Law Offices of David S. Chesley by calling 800-755-5174 or by contacting us online today.

Possible Fraud Charges and Penalties

Fraud crimes can stem from many different California criminal laws. Some laws outlaw one specific type of fraud, while others may be a catch-all for other types of fraudulent activities. For example, fraud crimes may fall under California’s theft statutes (Penal Code 484 and 487), forgery statute (Penal Code 470), or even the perjury statute (Penal Code 118).

Some statutes make a particular fraud offense a felony; others permit misdemeanor or felony treatment, and some conduct may be charged under a different theft or forgery provision. The specific statute, amount, prior allegations and evidence determine the available charges. Some factors considered in this decision include:

• How much property was stolen as a result of the fraud
• The nature of the fraudulent act, such as a one-time occurrence or an ongoing complex scheme
• The identity of any victims, including the elderly, an employer, or the government
• Whether you have a criminal history, including any prior theft-related convictions or serious felonies

Whether you face misdemeanor or felony charges can make a big difference in the outcome of your case, though both types of charges should be taken extremely seriously. Some fraud statutes provide specific penalties, however, many penalties are in line with those for general theft crimes. Theft of property worth no more than $950 is generally petty theft under section 490.2, subject to its exceptions; a larger amount does not make every fraud statute a wobbler or guarantee a felony filing. The complaint and its allegations govern the possible custody, fines, restitution and other orders. Examples of the questions to verify are:

• Which statute was filed, and does its misdemeanor or felony provision apply?
• What amount and ownership does admissible transaction evidence actually establish?
• Are there separate, expressly pleaded allegations that could change the base term?
• If an enhancement is alleged, what is its current statute and threshold?
• Can the listed transactions be traced to the charged person and time period?
• Are restitution and any separate civil claim supported by proof of actual loss?
• What records should be preserved before a device, account or business file changes?

In addition to jail time and fines, there are many additional possible consequences of a fraud conviction. For example, a conviction may affect work involving money or a position of trust, but employment consequences depend on the job, applicable rules and disposition. A felony record may create additional hiring obstacles. Landlords may refuse to rent an apartment to you. You may not be eligible for acceptance into higher educational programs, and you may have a professional license denied or revoked. Property connected to a charge may become the subject of a separate seizure or forfeiture process, but an allegation or belief alone does not establish that the government may permanently keep it. You may even face federal criminal charges for certain types of fraud offenses.

Theft crimes also regularly result in an order of restitution, which requires an offender to repay what they stole. A separate civil claim may arise, but a three-times-damages remedy is not automatic for every theft or fraud allegation. For example, Penal Code section 496(c) applies only to a person injured by a qualifying receiving-stolen-property violation.

As you can see, the list of possible penalties is long. However, the right criminal defense law firm can fight to minimize your charges and the effects on your life. At The Law Offices of David S. Chesley, we have extensive experience handling a wide range of fraud charges, including misdemeanors and felonies.

Types of Fraud Crimes in California

Many fraud crimes are referred to as “white collar crimes,” which are offenses committed for financial gain that do not involve violence. White collar crimes generally do not involve a physical taking of property but instead obtaining money or property through deceit, false pretenses, the betrayal of a position of trust, or other dishonest means. There are many types of fraudulent conduct that can lead to criminal charges, and the following are only some examples:

• Insurance fraud, including auto insurance, property insurance, health insurance, and unemployment insurance (Penal Codes 548-551)
• Real estate fraud, including mortgage fraud, rent skimming, predatory lending, and recording forged deeds (Penal Code 115)
• Financial fraud, including check fraud or passing a bad check (Penal Code 476a), credit card fraud (Penal Code 484e-484j), or securities and investment fraud.
• Identity theft (Penal Code 530.5) and forgery (Penal Code 470)
• Internet fraud, including unauthorized access of a computer to steal information (Penal Code 502), phishing schemes, work-at-home schemes, and non-delivery of merchandise schemes
• Senior fraud, which can involve nursing home fraud as well as a number of different schemes intended to defraud individuals age 65 or older

Each type of fraud crime will have its own set of circumstances, evidence, and legal questions. Our skilled fraud defense attorneys know how to thoroughly investigate the allegations against you and identify all legal defenses that may apply in your case.

Legal defenses will vary depending on the facts of your case. One common defense is that you did not have the requisite intent to commit a crime. Many charged fraud theories require proof of knowledge or intent to defraud; the exact element depends on the filed statute. A good-faith misunderstanding may matter, but the records and statements must be tested against that element. Some people get accused of fraud because of mistaken identity or because they worked in close proximity with people engaging in fraud, though they were not aware of the fraud scheme themselves.

In some cases, the best option is for our attorneys to reach the best possible plea bargain with the prosecutor. We may be able to get your charges and sentence substantially reduced in exchange for a guilty plea. We will always thoroughly review all of your options with you so you can make a decision on how to proceed.

Contact Our Highly Skilled Los Angeles Fraud Defense Lawyers for More Information

The Los Angeles fraud defense attorneys at The Law Offices of David S. Chesley represent clients facing all types of fraud charges. We are ready and able to take on even the most complicated cases and can advise you on how we can assist you for free. Please call 800-755-5174 or contact us online if you have been arrested or are facing criminal charges in the Los Angeles area.