Los Angeles Fraud Attorney

LA Criminal Lawyer Explains California Fraud Laws

LA Criminal Defense Lawyer

Fraud is a broad term, applicable to a wide range of California crimes and civil offenses.  The Law Offices of Nicholas Loncar provide full criminal defense services in fraud and other crimes.  While an intent to defraud or deceive is central to these laws, they can apply to a variety of theft crimes, drug crimes (prescription fraud, sale of sham narcotics) and even sex crimes.  More about California's forgery laws

CALIFORNIA CHECK FRAUD ATTORNEY
Check fraud is among the most common fraud offenses in California.  Penal Code 476 makes it a crime to produce a fake check, alter the dollar amount, forge the payor's name, etc. with the intent to defraud.  Similarly, PC 476a makes it a crime to write a check knowing that the dollar amount represented on the check will not be available.  Check fraud involving an amount less than $950 is a misdemeanor.  If the value in question is above $950, check fraud may be charged as a felony, punishable by up to three years behind bars.  Fines and restitution to any victims are also a likely consequence.  Defenses include lack of intent to defraud (e.g. a check for $1,000,000,000 as a joke), honest mistakes, mistaken identity (i.e. someone else committed the fraud) and false accusations.  Check fraud, as a crime involving moral turpitude (crimen falsi) should be taken very seriously and require the assistance of a diligent, experienced, knowledgeable criminal defense attorney.

LOS ANGELES CREDIT CARD FRAUD LAWYER
Credit card fraud generally involves the use of another person's credit card or credit card information to make purchases or pay bills.  Defendants in credit card fraud cases can include vendors and employees who have access to credit card information, credit card company employees, hackers, pickpockets.  Credit card fraud is punishable as forgery, petty theft or grand theft, typically depending on the conduct, the amount of money taken and, less frequently, the defendant's criminal history.  PC 484f makes it a crime to, with intent to defraud:  alter an existing credit card, make a counterfeit credit card, or forge the signature of someone else or of a fictional person on a credit card payment form.  Credit card fraud cases often involve multiple counts for use of various credit cards or multiple purchases/uses.

CALIFORNIA THEFT BY FRAUD OR BY TRICK LAWS
Using fraud or deceit to transfer possession or ownership of another person's money or other property, with the intent to permanently deprive the owner is theft.  As with all other types of theft, the severity of the crime will mostly be defined by the dollar amount stolen.  Since the passage of Prop 47, all thefts of under $950 (except robbery or residential burglary) are treated as misdemeanors, punishable by up to one year in jail.

CALIFORNIA INSURANCE FRAUD LAWS
California's insurance fraud laws seek to punish and deter fraudulent claims by policyholders and others who might be complicit (including attorneys, doctors, mechanics, contractors and more.  Insurance fraud can be made by fabricating or exaggerating a physical injury, workplace injury (Worker's Compensation Fraud), damage to a vehicle, damage to ones home and other forms of insured loss.  Insurance fraud is treated very seriously under California law, punishable both under the Penal Code and the Insurance Code.  In order to convict for insurance fraud, the government generally must show that: (1) the defendant had an intent to defraud and, (2) the defendant took deliberate steps to claim undeserved benefits. This would include both completely fabricated losses as well as embellished losses.  Under California law, insurance fraud may be charged as a misdemeanor or felony.  As a misdemeanor, it is punishable by up to a year in county jail and a fine of up to $10,000.  As a felony, insurance fraud is punishable by up to five years in prison and a fine of up to $50,000.  Worker's Compensation fraud is punishable by up to $150,000 and five years as a felony.  In addition to incarceration and fines, the defendant in an insurance fraud prosecution will likely be ordered to pay restitution for the entire amount of any unearned benefits and other costs.  The most common defense in insurance fraud cases is a lack of intent to defraud (i.e. the embellishment or false statement was a mistake), or requires demonstrating that the loss suffered was real and not deliberately caused.  Insurance fraud and California's Arson laws sometimes intersect where a defendant burns property to recover from an insurance policy.  Insurance fraud is a serious crime, requiring a skilled, intelligent defense.  If you or a loved one has been charged or is under investigation for insurance fraud, consult with a Los Angeles Criminal Defense Lawyer now.

LOS ANGELES WELFARE FRAUD LAWS
Welfare fraud can be broken down into welfare recipient fraud and internal fraud.  Recipient fraud involves providing the government with false (or incomplete) information, in order to obtain:  welfare, food stamps, Medi-Cal or housing benefits.  Internal fraud is when government employees provide welfare benefits to people they know, or who bribe the employees, when those recipients are not legally entitled.  Though recipient fraud is much more common, there are occasionally cases where law enforcement discovers both recipient fraud and internal fraud simultaneously.  Defenses include:  agreements to repay, false accusations, mistaken identity, lack of intent to defraud and more. 

LA SEXUAL BATTERY BY FRAUD LAWYER
Sexual battery by fraud is a crime frequently charged against massage therapists, medical professionals and other service providers whose jobs involve touching another person.  In general, the use of fraud or deceit to obtain consent to touch another person is a crime.  There is rarely a motive to engage in unwanted touching that is not at least in part sexual.  Sexual battery can be blatant, or as is often the case in sexual battery by fraud prosecutions, rather subtle and difficult to prove.  Without a confession or other very strong evidence, this can be a difficult case to prove, but it is important to have a knowledgeable, passionate attorney on your side.  In medical or dental cases of sexual battery by fraud, taking advantage of an unconscious state required for surgery or oral procedures for sexual gratification is a very serious crime, and is harshly prosecuted in Los Angeles.

PRESCRIPTION FRAUD LAWYER IN LOS ANGELES
Forging a doctor's prescription to obtain drugs is a criminal offense and can be charged under various sections of both the Health & Safety Code and Business & Professions Code.  This law is discussed in greater detail on our page about California's forgery laws.

Crimes involving fraud are serious and often involve complex issues of admissibility of evidence and other proof problems.  What might appear to be an easy case of fraud can be dismantled by a meticulous, intelligent attorney.  If you or a loved one is facing prosecution or is under investigation for fraud (including welfare fraud, forging a prescription, insurance fraud, check fraud, credit card fraud and more), contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can honestly and safely discuss the details of your case and devise the best defense strategy to protect your rights and your liberty.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:

LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule