There are specific rules about who can use a contractor’s license and how it can be used. If you have been accused of fraudulently using a contractor’s license number in California, you need to fight those charges. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal case evaluation with an experienced attorney who is on your side.
The Legal Definition of Fraudulently Using a Contractor’s License Number
First, let us define what it means to fraudulently use a contractors’ license number. According to California statutes, this refers to when a person willfully and intentionally uses a contractor’s license number when they have the intent to defraud a person out of money or other property.
Legal Defense One: There Was No Willful Act
Though every case is different, there are three general legal defenses to this charge. First, is showing that the action was not done willfully. Just because a person takes actions that illegal does not mean they are guilty of this crime, as having taken those actions willfully is one requirement. For example, if a person used their friend’s contractor’s license on paperwork but thought it was fine to do so, they may be found not guilty.
Legal Defense Two: There Was No Intent to Defraud
The prosecutor must also prove that there was an intention to defraud. If someone used another person’s contractor’s license, but did not do so within the intent to defraud someone, then they are not legally guilty. For example, if a graphic designer was creating mock business cards and used a person’s contractor license number for that purpose, this would be a situation in which that person had no intent to defraud anyone.
Legal Defense Three: Duress
To say you were required to do something under duress essentially means you are saying that someone else made you do it. This specifically refers to a situation in which you were afraid for your safety or the safety of someone else if you did not follow through.
Potential Penalties for a Conviction
If you are convicted of this crime, it can be charged as either a misdemeanor or felony depending on the seriousness of the offense. A misdemeanor conviction can come with a punishment of up to one year in county jail and fines of up to $1,000. A felony conviction can result in a sentence of state prison for up to three years and fines of as much as $10,000.
Your best bet if you are charged with this or another professional crime is to contact a criminal defense attorney who can help you. You can reach Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.