In California, like in other jurisdictions, insurance fraud is a serious offense. While some types of insurance fraud are pretty obvious, there are still occasions where people are unaware that they are committing insurance fraud. Continue reading to learn more about insurance fraud, including what it is, how it is prosecuted, and other specifics. Then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.

Insurance fraud comes in a variety of forms

The quick answer to the question of what constitutes insurance fraud is that there are several sorts of insurance fraud for which a person might be jailed. Creating a fraudulent insurance claim, for example, entails making a false insurance claim or assisting someone else in doing so where the accused is aware that the claim is false, and the act was undertaken with the goal to defraud someone (typically the insurance company).

Another example is the fraudulent destruction of insured goods. Again, this refers to a person who willfully destroys, hides, or otherwise affects covered property with the goal of defrauding the insurer. There's also unemployment insurance fraud, auto insurance fraud, and a slew of additional situations. It is advisable to contact an attorney as soon as possible if you have been charged with any form of insurance fraud.

The consequences of an insurance fraud charge

A person might be charged with a misdemeanor or a felony depending on the facts of the case. The prosecutor will charge it depending on the accused's criminal history and the evidence against them. A conviction might result in no jail time and simply probation, or up to five years in prison, depending on how it was prosecuted. Fines, restitution, and community service are also frequently required.

Options for defending against an insurance fraud charge

Of course, the best defense strategy for an insurance fraud accusation is determined by the facts of the case and the evidence. In rare circumstances, we may be able to demonstrate that a mistake was committed. Perhaps you did not participate in the activity they claim you performed, or perhaps the action never happened.

We may be able to prove that you had no intent to defraud, which means you may be charged with vandalism or property destruction but not insurance fraud. We'll also check to see whether the statute of limitations hasn't run out.

If you've been charged with insurance fraud, here's what you should do

You have the right to silence, and you should exercise it. Other than providing basic information such as your name and residence, do not speak to the police. When you tell them you want an attorney, they have to stop interrogating you, but if they don't, respectfully repeat your request for a counsel. To schedule a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055right now.