Many people in California are unaware that filing return fraud is unlawful. It is, in fact, regarded as a type of shoplifting. Return fraud comes in a variety of forms, each of which is illegal. Continue reading to learn more about the choices available to someone accused of this offense. Then call Law Office of Michael L. Fell at (949) 585-9055 to speak with an experienced criminal defense lawyer.

Return fraud: Typical cases

Returning stolen or changed items for cash or shop credit is a sort of theft. Receipt fraud, in which a person returns items using a forged, altered, or otherwise inaccurate receipt, price arbitrage, in which a person repackages an expensive item into a cheaper box or package, and price switching, in which a person switches price tags to get a lower charge, are just a few examples.

The accused may face a variety of charges

The charge a person faces will be determined by the value of the stolen property. If the property was valued less than $950, it was considered petty theft, a misdemeanor. The maximum penalty is six months in county prison and a fine of up to $1,000.

It's a wobbler violation if the item was valued more than $950, and the court can determine whether to prosecute it as a felony or a misdemeanor. If you are charged with a crime, you may face up to three years in prison and penalties of up to $10,000. If prosecuted as a misdemeanor, the possible penalty is up to a year in prison and a $1,000 fine.

Return fraud can be defended in a number of ways

Naturally, the best defense for your case will be determined by the facts. Demonstrating that you merely made a mistake is a typical defense. Maybe you brought the wrong item back to return, or maybe you made another mistake that caused the snafu. This is related to another defense, which is the absence of purpose. The prosecution must establish not only that you committed a return fraud, but also that you intended to do so, in order to get a conviction.

Another possibility is to demonstrate that you were not engaged in any way. We can accomplish this by proving that the crime was committed by someone else, that it was a case of mistaken identity, or that you were set up.

If you need help defending yourself against a charge of return fraud or any theft felony, call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We can go through the facts with you and provide you our best recommendations for moving forward.