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Allegations that you tried to take advantage of the insurance claims process and submit false or fraudulent claims can be devastating to both your personal and professional life. Given the serious repercussions these charges can have, consulting an Alameda insurance fraud lawyer for advice and representation may be helpful. Enlisting the assistance of a criminal defense attorney may be the most effective means of defending yourself against insurance fraud charges.

Defining Insurance Fraud Under State Law

Insurance fraud can occur in various ways, but some types of insurance fraud occur more commonly than others. In most cases, policyholders or service providers attempt to claim insurance benefits to which they are not entitled under their policies.

Some of the most common ways that individuals or businesses allegedly commit insurance fraud include:

  • Filing fraudulent claims
  • Intentionally causing losses through theft or arson
  • Staging motor vehicle accidents
  • Faking losses or damages that did not occur

Other actions that may qualify as insurance fraud include filing a false claim for workers’ compensation benefits, making any false written or oral statements related to an erroneous or fictitious insurance claim, and filing multiple claims for payment of the same health care benefits.

Insurance fraud may involve all types of insurance policies, such as motor vehicle insurance, property insurance, and even medical insurance. Regardless of the circumstances, any action taken to mislead an insurance company intentionally and unlawfully collect benefits constitutes insurance fraud under state law. By consulting an Alameda insurance fraud attorney, you may be able to build a solid defense to the accusations against you.

Insurance Fraud Criminal Charges

Some types of insurance fraud cases are prosecuted almost exclusively at the federal level, such as Medicare and Medicaid fraud by medical providers. However, many fraud cases are charged in state court.

Generally, insurance fraud claims consist of the following elements:

  • Knowing and intentionally committing the insurance fraud
  • Completion of the intended insurance fraud
  • Having the intent to commit fraud and completing the fraud at the same time

Although insurance fraud requires completion of the act to commit the fraud, there is no requirement that the accused individuals receive any benefits or payout from the insurance company. Even if the insurance company or legal authorities discover the fraud before any money changes hands, you can still face criminal charges for insurance fraud.

Penalties for Insurance Fraud in Alameda

California Penal Code §550 sets forth the potential sanctions that may follow a conviction for insurance fraud. Various factors can affect the severity of the charge and the resulting penalties, including the monetary value of the fraudulent or falsified claim as well as any history of prior convictions on the defendant’s part.

For a first-time insurance fraud conviction, you may face up to six months in county jail, a fine of $1,000, or both. Subsequent and/or more severe offenses may be punished by up to five years in state prison, a maximum $50,000 fine, or both.

A felony conviction also can result in collateral consequences, including probation, loss of employment opportunities, and loss of the ability to obtain specific government benefits. An insurance fraud lawyer in Alameda could explain these penalties further.

Seek the Services of an Alameda Insurance Fraud Attorney Today

State law enforcement officials take allegations of insurance fraud very seriously. As a result, there have been increased prosecutions of individuals and businesses accused of various types of insurance fraud in recent years.

If you are accused of insurance fraud, take immediate action to protect yourself and your rights by contacting an Alameda insurance fraud lawyer. Having legal counsel to represent your interests from the outset of your case can be highly advantageous to you.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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