In the State Insurance Code of California, legislators report that “fraudulent activities account for 15 to 20 percent of all auto insurance payments.” To help reduce the burden on the industry which is then passed on to consumers, special laws have been enacted to make it easier for state and local law enforcement officials to work with insurance officials to investigate and prosecute all types of insurance fraud. (Cal. Ins. Code §1871).
That means that anyone accused of insurance fraud needs to take the accusation seriously because the potential penalties can cause tremendous hardship. Insurance fraud charges will be prosecuted by professionals with a great deal of practice in this area of law, so those facing fraud charges are advised to work with legal counsel with a similar level of experience. An Oakland insurance fraud lawyer who understands how insurance fraud cases are handled by local courts will be able to help protect your rights to reach the optimum outcome.
Insurance fraud is governed by different provisions in the California statutes, including the Insurance Code and the Penal Code. Penalties vary depending on the provision involved, the type of fraud at issue, the value of compensation obtained fraudulently, the existence of prior convictions, and other factors.
In many cases, fraud is treated as a felony with penalties that include fines of up to $50,000 or twice the amount of the fraudulent compensation (whichever is greater) and terms of imprisonment of up to five years. If the offense is treated as a misdemeanor, penalties include up to six months in jail and a fine of up to $1,000.
In addition, an insurance fraud conviction can result in a host of other unwanted consequences such as losing eligibility for certain benefits, difficulty with employers, and trouble obtaining insurance in the future. Because the consequences are so severe, consulting with an experienced defense attorney can be critical.
For every type of insurance, there are several forms of fraud. People in the Oakland area have filed fraudulent insurance claims for car insurance, homeowner’s insurance, workers’ compensation insurance, medical insurance, property insurance and other forms of insurance.
Fraudulent insurance claims include incidents such as:
To obtain a fraud conviction, it must be shown that the person charged intended to defraud another. So as a defense, in many cases it is possible to make a strong argument that there was no intent to defraud. For instance, if it is alleged that a driver is seeking compensation for pre-existing damage, the driver could argue lack of awareness of that damage.
Because insurance fraud is governed under so many different laws with a wide range of potential penalties and numerous applicable defenses, it is wise for anyone facing insurance fraud charges to work with an experienced insurance fraud attorney.
A knowledgeable Oakland insurance fraud lawyer can help you collect and preserve evidence to build the strongest defense and help you reach the best possible outcome in your case. Call now to find out how our experience can help you.
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.
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.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!