Fraud is a broad crime, ranging from identity theft to scams involving romance, welfare, insurance, securities, credit cards, or mortgages. It is a wobbler offense in Florida, meaning a prosecutor can charge it as a misdemeanor or a felony, but felony charges are more common. Fraud is a federal crime if the accused acted across state lines or used mail to perpetrate the crime.
If you are convicted of fraud, you face more than just incarceration and fines. Securing housing and employment will be difficult because of your criminal record. You could lose voting privileges or the right to own a firearm. If you know or suspect you are being investigated for fraud, contact a Fleming Island fraud lawyer from the Law Offices of Jason K.S. Porter, P.A. Our criminal defense attorneys have a combined century of experience winning cases like yours.
How Does Florida Define Fraud?
Fraud is a crime of gain under false pretenses. If the fraud charges are criminal, the prosecutor must prove beyond a reasonable doubt that you:
- Presented a false claim to another while portraying it as true
- Knew that the receiver would rely upon the untrue statement you made
- Knew the untrue claim you made would injure someone financially
- Knew the defrauded person had no reason to doubt your sincerity
- Intended to defraud someone for your own gain
This is a challenging task for the prosecutor. Our Fleming Island fraud attorneys overcome these charges regularly by building defenses that juries favor. Call now and schedule a complimentary case assessment to learn how we can help you.
Penalties for Felony Fraud
The difference between misdemeanor and felony fraud is determined largely by the dollar amount involved. In Florida, any fraud scheme resulting in losses greater than $50,000 is a first-degree felony, while losses between $300 and $20,000 are second and third-degree felonies. Any amount under $300 results in a first-degree misdemeanor. Some charges may vary. For example, the organized fraud statute requires a higher dollar amount.
Generally, the penalties for a first-degree felony conviction are up to 30 years in prison, a fine of up to $10,000, or both. You can spend up to 15 years in prison, owe a fine of up to $10,000, or both for a second-degree felony. Third-degree felony convictions could result in up to five years in prison and/or a fine of up to $5,000. The judge can also order probation and community control requirements.
Federal fraud convictions include penalties of up to 30 years in prison and/or fines of up to $1 million if you perpetrated the fraud against the U.S. government. You may face penalties of up to 20 years in prison and fines of up to $250,000 for securities, wire, bank, or healthcare fraud.
If you are facing fraud charges, you need lawyers who have earned the respect of clients, judges, and prosecutors in Fleming Island, such as our team at the Law Offices of Jason K. S. Porter, P.A.
Defenses to Fraud Charges
You have a constitutional right to representation by a competent attorney when facing criminal charges. Our team considers all defenses to exonerate you or negotiate a reduced sentence. These can include:
- You had no intent to defraud
- Law enforcement violated your rights or entrapped you
- You believed you were making true statements to the accuser
- You are not the perpetrator and it is a case of mistaken identity
When you are fighting fraud charges, you need a Fleming Island attorney you can trust. Pick Porter!™
Contact a Fraud Attorney in Fleming Island for Legal Representation
If you have been arrested or are being investigated for fraud, we understand the emotional strain you are under. Do not answer police questions until you speak with a knowledgeable Fleming Island fraud lawyer.
Our attorneys at the Law Offices of Jason K.S. Porter, P.A., are tenacious fighters for justice and work tirelessly to achieve the best outcomes for our clients. Call now for a free consultation. Problems? Pick Porter!™