If you have been accused of fraud, it might feel as though you have not recourse. It might feel that there is no way to prove that you did not commit the crime. The truth is that there are more defense options to fraud charges than you might realize. Continue reading to learn about five defense options and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- Mistaken Identity
- There Was a Misunderstanding
- There Was No Intent
- Lack of Evidence
- You Had Consent
It might be that someone was defrauded, but you were not the person who did it. This is more and more common as many types of fraud are committed over the internet. If the police did not do a thorough job of investigating the case, they could end up charging someone who looks guilty on the surface but who was not at all involved. Your attorney will help show this is the case.
Unfortunately, sometimes people think you are taking advantage of someone or doing something wrong because they simply misunderstand what is actually happening. You might not have had the information required to make the right decision, or you might have just been wrong. If your situation is related to a simple misunderstanding, your criminal defense attorney can work to make that clear.
As we mentioned above, in order for your actions to legally be fraud, you must have had the intent to commit fraud. If there is no evidence of this, then you should not be found guilty. There must be evidence that you willfully defrauded someone. Accidentally stealing is not fraud.
Remember that the law requires that the prosecution prove you are guilty. It does not require that you prove you are innocent. In some cases, the only defense we need is to show that the prosecution has not proven your guilt beyond a reasonable doubt. If they do not have the evidence to prove this, we can point out the weaknesses in their case and work to have it dismissed.
Fraud is only fraud if the alleged victim did not consent to your actions. If they did, then it was not fraud. If the person you allegedly defrauded actually gave you permission, and you have evidence of this, then you likely have a strong defense. Even if it was ill-advised to follow through on whatever the situation was, if you had their consent, then there was no fraud committed.
If you are facing any type of fraud charge, we invite you to contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation. We are here to help you find the best way forward and to move on with your life.