Insurance fraud is a serious crime in California as it is in other states. While some cases of insurance fraud are fairly straight forward, there are also instances of people being guilty of committing insurance fraud without being aware of it. Keep reading to discover what insurance fraud is, how it can e charged, and other details.
There Are Different Types of Insurance Fraud
The short answer as to the definition of insurance fraud is that there are a number of types of insurance fraud a person can be arrested for. For example, making a fraudulent insurance claim involves making a false insurance claim or helping someone else do so when the accused knows the claim is false and when the act was committed with the intention of defrauding someone (usually the insurance company.
Another example is fraudulent destruction of property that is insured. Again, this involves a person knowingly destroy, hiding, or otherwise affecting insured property with the specific intent to defraud the insurer. There is also unemployment insurance fraud, auto insurance fraud, and many other examples. If you have been charged with any type of insurance fraud it is best to contact an attorney as soon as possible. Call Law Office of Michael L. Fell at (949) 585-9055 now to learn more.
Potential Penalties for a Charge of Insurance Fraud
Depending on the specifics of the case, a person can be charged with a misdemeanor or a felony. The prosecutor will charge it based on the criminal background of the accused as well as the evidence against them. Depending on how it charged, a conviction could come with no jail time and only probation, or up to five years in prison. It is also common for fines, restitution, and community service to be ordered.
Potential Defense Options for a Charge of Insurance Fraud
Of course, the right defense option for a charge of insurance fraud depends on the case and the evidence. In some cases we may show that a mistake has been made. Perhaps you did not take part in the action they say you did, or the action did not take place. We may show that you had no intent to defraud, which means you may be guilty of vandalism or destruction of property, but not insurance fraud. We will also look to ensure that the statute of limitations has not expired.
What to Do if You Are Charged with Insurance Fraud
You have a right to remain silent and you should use it. Do not talk to the police other than to give them basic information such as your name and address. They are required to stop questioning you when you tell them you want an attorney but if they do continue, politely repeat your request for an attorney. Call Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.