Depending on the specifics of a case, a person who is convicted of insurance fraud in California can face consequences including probation to five years in prison. They can end up paying fines, doing community service, or being required to pay restitution. You can continue reading to find out more about what affects how a person will be charged and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with an experienced criminal defense attorney.

The Definition of Insurance Fraud in California

There are several types of insurance fraud in California, including auto insurance fraud, medical insurance fraud, and unemployment insurance fraud. According to Penal Code 550, insurance fraud can occur when a person makes a false insurance claim or helps someone else to do so, when the person knew the claim was false, and when the person committed the act with the intent to defraud an institution.

Another example is Penal Code 548, the fraudulent destruction of insurance property. This involves willfully injuring, destroy, hiding, abandoning, or disposing of insurance property with the intent to defraud the insurance company that insures it.

Insurance Fraud is a Wobbler Offense

A person charged with insurance fraud might face a felony or a misdemeanor charge, depending on the specifics of the case. If charged as a felony, the punishment could include two, three, or five years in jail and fines of as much as $50,000 or double the amount of the fraud. If charged as a misdemeanor, the punishment could include one year in jail and up to $10,000 in fines.

If the charge involves health care benefits, and the amount was less than $950, then the offense is a misdemeanor and can result in up to six months in jail and up to $1,000 in fines. Fraudulent property damage of insured property is charged as a felony and can be punished with two, there, or five years in jail as well as $50,000 in fines. All insurance fraud cases must include restitution of the wrongfully received funds.

There Are Defense Options to Charges of Insurance Fraud

These cases can seem impossible but in fact there are defense options. You might be able to show that you made a mistake, that you did not have any intention of defrauding the agency or company, or that the statute of limitations has run out.

The best way to find out what your best option is likely to be is to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We will carefully look at your case, consider the evidence and the charge, and offer our legal advice on how you can best proceed.