Hayward Fraud Lawyer
If you’re facing fraud charges in Hayward, you could be in one of the most important legal battles of your life. A fraud conviction can carry severe penalties such as lengthy jail time and large fines, loss of firearm rights, and may even result in immigration consequences, difficulty finding employment, and difficulty obtaining professional licenses. This is why it is important to work with a skilled Hayward fraud lawyer if you’re facing fraud charges. An experienced attorney could work with you to minimize the impact of a conviction, take the case to trial, or work to get the case dismissed entirely. At The Nieves Law Firm, we are committed to providing high-quality legal representation that is tailored to every person we represent. Contact our team today to schedule a free consultation with a member of our team.
What Constitutes Fraud?
Fraud is the use of deceit or dishonesty to deprive another person of something of value for your own personal benefit. Fraud is very similar to theft, but it does have one key difference. The main difference between fraud and theft is that for fraud to occur, the individual must have used deception or a misrepresentation of the truth. The key phrase in the definition above is the “use of deceit.” Simple theft does not rely on deceit or deception. The best way to get an understanding of what constitutes fraud is looking at some examples.
Examples of Fraud
Some common examples of fraud in Hayward include:
Embezzlement (PC 503)
Stealing or misappropriating something of financial value where the individual was entrusted with control over the item of value and expected to care for it such as a bank teller pocketing money they receive for transactions or an employee buying personal items on their expense account.
Workers’ Compensation Fraud (PC 549)
When an employee or employer lies to an insurance company about a workplace injury in an attempt to receive compensation, or medical treatment, or benefits they aren’t entitled to. Worker’s compensation fraud includes, but is not limited to, making false statements to obtain or deny benefits or to dissuade an employee from making a claim, and submitting multiple claims for the same injury.
Insurance Fraud (PC 550)
When an individual makes a false insurance claim or provides an insurance company with a misrepresentation of facts for personal gain. There are several subsections of PC 550 that define how insurance fraud can occur including, but not limited to: presenting false claims of loss, presenting multiple claims for the same loss, participating in a collision for purposes of manifesting a claim, preparing a writing to support a false claim, and presenting false claims for health care benefits..
If you are facing criminal charges for any of the fraud crimes listed above, you could benefit from consulting with a Hayward fraud lawyer. Contact a fraud attorney at The Nieves Law Firm today to see how we can help you fight your fraud charges.
Intent as a Defense in Fraud Cases
If you are facing fraud charges, there are many different defense strategies a Hayward fraud attorney could implement in your case. One of the most prominent defenses to any fraud charge is the “lack of intent.” All fraud crimes rely on intent, meaning the person being accused of fraud must have willfully and intentionally committed fraud in an attempt to obtain something of value.
A person cannot be guilty of fraud if they accidentally provided false information to another party. The prosecution must prove that you were intending to defraud another person or business for you to be found guilty of fraud. Remember, in all criminal cases the prosecution has the burden of proof. They must prove beyond a reasonable doubt that you acted intentionally to defraud someone.
A fraud attorney in Hayward could provide more information about intent and other defense strategies that may prove beneficial in your case. Contact The Nieves Law Firm today to learn more about how we can help you with your fraud charges.
Contact an Experienced Hayward Fraud Attorney
At The Nieves Law Firm, we know just how devastating a fraud conviction can be. We have successfully represented numerous clients accused of fraud. If you are facing fraud charges in Hayward, you should contact an experienced defense attorney immediately. Contact The Nieves Law Firm today to schedule a free, thirty minute consultation with a member of our team.