Not all crimes involve force or cause bodily harm. Instead, some crimes are committed by deceitful acts intended to deprive a business or person of their money or property. Typically, such offenses are considered fraud crimes. Although fraud crimes do not involve violent behavior, they nonetheless are serious offenses that carry substantial penalties, and it is critical for anyone accused of committing a fraud crime to talk to a lawyer about their potential defenses. If you are charged with a fraud offense, the assertive Sarasota fraud crime defense attorneys of Hanlon Law can examine the facts of your case and craft persuasive arguments on your behalf to give you a good chance of achieving a positive outcome. We regularly represent people accused of fraud offenses and other crimes in Sarasota and other cities throughout Florida.
Elements of a Fraud Crime Case
Numerous fraudulent acts fall under the umbrella of fraud crimes in Florida. Regardless of the precise offense a person is accused of committing, however, the core elements of fraud crimes are generally the same. In other words, the prosecution typically must show that the defendant intentionally used fraudulent or false pretenses or information with the intent to deceive someone with the purpose of permanently depriving them of their property.
Additionally, the prosecution must establish each element of the charged offense beyond a reasonable doubt in order to demonstrate the defendant’s guilt. This means that the prosecution needs to produce evidence that is so compelling that when presented with that evidence, a reasonable person could not come to any conclusion other than that the defendant committed the charged offense.
Unlike the prosecution, criminal defendants do not bear any burden of proof. In many instances, though, they might be able to argue that the prosecution’s evidence is insufficient to prove that they possessed the mental state needed to commit the crime, and therefore, they should not be convicted.
Common Fraud Crimes
Although there are many offenses deemed fraud crimes, some arise more frequently than others. For example, welfare fraud is a common offense that occurs when a person engages in deceptive practices in order to deprive the government of money. Specifically, it involves a person making false statements about their health or financial status in order to obtain public benefits. Similarly, Medicaid fraud is a crime in which a person makes misrepresentations or false statements to obtain Medicaid benefits.
The crime of forgery occurs when a person alters or falsifies a public record, a certificate, a bond, or any other document that could be offered as legal proof with the intent to defraud or injure a person. For example, if a person signs someone else’s check without their consent in an attempt to garner the person’s money, it may constitute check forgery.
The penalties imposed for fraud crimes generally increase with the amount of money involved in the fraudulent scheme. A person who engages in a fraud scheme to defraud someone of property that has a value of $50,000 or more will be charged with a first-degree felony, punishable by imprisonment for up to 30 years and a fine of up to $10,000. Fraud scheme crimes involving amounts between $20,000 and $50,000 are charged as second degree felonies, punishable by a term in prison for up to 15 years and fines of up to $10,000, while those involving amounts less than $20,000 are third-degree felonies, punishable by up to $5,000 in fines and imprisonment for up to 10 years.
Speak with a Capable Sarasota Criminal Defense Attorney
A conviction for a fraud offense may not only impair your rights, but it can also destroy your career and reputation. If you are charged with a fraud crime, it is important to speak with a lawyer about what measures you can take to protect your interests. The capable Sarasota fraud crime defense attorneys of Hanlon Law have ample experience defending people charged with fraud offenses, and if you hire us, we will advocate aggressively on your behalf. We have an office in Sarasota and additional offices in Tampa, Clearwater, St. Petersburg, and Bradenton. You can reach us through our online form or by calling us at 941.462.1789 to set up a confidential and free meeting.
