A fraud conviction can lead to severe penalties. Not only could you be forced to pay substantial fines, but you could also be sentenced to incarceration in a county jail or state prison facility, loss of your right to own a firearm as a convicted felon, and a criminal record that may impact your ability to get a job or a mortgage for the rest of your life. Typically labeled as white-collar crimes, fraud involves the use of deceit to gain something of value from another person or entity. There are occasions, however, where simple or honest mistakes can sometimes lead to a fraud charge. Regardless of why you were charged with fraud, the penalties can be severe so it is wise to enlist the help of a fraud attorney at the earliest stage of your investigation.
No matter the type of fraud charge you are facing, you could benefit from the counsel of an experienced Richmond fraud lawyer. A fraud attorney in Richmond could look at the circumstances and details that led to your charges to build a defense strategy that is tailored to your case. At The Nieves Law Firm, we understand California’s fraud laws and can work with you to find a solution to your fraud charges. Call our team today to schedule a free consultation with a member of our team.
Fraud and theft are similar crimes that deprive another person of their property. In this context, property can include anything of value.
Fraud is a deliberate form of deceit, used with the intention of gaining something of value from another person or entity for your own benefit. Some examples of fraud include forgery, insurance fraud, embezzlement, and workers’ compensation fraud.
Theft, on the other hand, occurs when an individual takes something from another person or company without their expressed consent. Unlike fraud, theft does not require the use of deceit. Some common examples of theft are petty theft, grand theft auto, and burglary.
Fraud crimes can often be charged as either a misdemeanor or felony depending on the nature of the offense, the victim of the fraud, and the value of the misappropriated funds or property. If the crime is charged as a misdemeanor, a conviction could include penalties include of up to a year in county jail and relevant fines and restitution. If the charge results in a felony conviction the offender can face lengthy prison sentences, restitution, and substantial fines in the tens of thousands.
In almost all cases of theft or fraud, a conviction will also result in the person convicted of the fraud repaying restitution as outlined above. This is reimbursement of the property loss to the victim of the crime. It can also include other items that are substantially related to the crime like lost wages, replacing equipment or property, recruitment efforts to hire a new employee, and therapy.
Individuals facing fraud charges in Richmond should be aware of the potential consequences they could face if convicted. The potential penalties vary based on the specific crime of which they are convicted, and the amount of property illegally obtained.
Insurance fraud (P.C. 550), for example, is a wobbler and can be charged as either a misdemeanor or a felony. If the crime is charged as a misdemeanor, penalties include up to one year in county jail and a $10,000 fine. If the charge results in a felony conviction, the penalties could include up to 5 years in jail and a fine of $50,000 or double the amount of the fraud, whichever is greater.
Similarly, forgery is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony. The crime of forgery occurs when a person with the intent to defraud:
If forgery is charged as a misdemeanor, an individual could face up to one year in county jail and a fine of up to $1,000. As a felony, forgery is punishable by up to three years in jail and a fine not to exceed $10,000.
Keep in mind, a felony conviction can result in the loss of your right to own a firearm and could potentially impact your employment and professional licensing options in the future. That is why it is so important to contact a Richmond fraud attorney if you are facing criminal charges. They could look at the details of your case and work with you to determine the best course of action moving forward.
A fraud charge is often accompanied by serious penalties, including jail time and hefty fines. That is why it is so important that you hire a skilled attorney if you are facing fraud charges. A Richmond fraud lawyer at The Nieves Law Firm can work with you to build a strategy for your case. Call The Nieves Law Firm today to schedule a free, 30-minute consultation with a member of our team.
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.
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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!