A person found guilty of insurance fraud in California may be sentenced to probation or five years in jail, depending on the particulars of the case. They can be forced to make restitution payments, perform community service, or pay fines. Continue reading to learn more about the factors that influence how a person will be charged, and then call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation with a skilled criminal defense lawyer.

The Meaning of Insurance Fraud in California

Auto, medical, and unemployment insurance fraud are just a few of the different types of insurance fraud that occur in California. According to Criminal Code 550, insurance fraud can happen when someone files a false insurance claim or assists another person in doing so, knows the claim is false, and acts with the goal of defrauding an institution.

Criminal Code 548, which deals with the fraudulent destruction of insurance property, is another illustration. This entails purposefully damaging, destroying, concealing, abandoning, or disposing of insurance property with the goal of defrauding the insurance company that protects it.

Insurance Fraud Is a Wobbler

Depending on the particulars of the case, an individual accused of insurance fraud may be charged with a felony or a misdemeanor. If found guilty of a felony, the sentence could be up to five years in prison and a fine of $50,000, or twice the amount of the fraud. If found guilty of a misdemeanor, the penalty may be up to $10,000 in penalties and a year in jail.

When it comes to health care benefits, a misdemeanor is committed, which has a maximum penalty of $1,000 in penalties and up to six months in jail. A felony conviction for fraudulent property damage to insured property carries a penalty of two, three, or five years in prison as well as a $50,000 fine. Restitution of the cash that was improperly received is a requirement in all insurance fraud cases.

You Can Defense Yourself Against Allegations of Insurance Fraud

Despite the seeming impossibility of many scenarios, there are defensive possibilities. You might be able to demonstrate that you erred, that you had no purpose in defrauding the organization or business, or that the statute of limitations has expired.

Call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation in order to learn more about what is most likely to be your best course of action. We will carefully examine your case, take into account the evidence and the charge, and provide our professional opinion on the best course of action for you.