Bronx Fraud Lawyer
People who are facing allegations of fraud may be scared and confused. After all, it is often a fine line between conducting business and committing acts that may be viewed as fraud. State prosecutors take allegations of fraud seriously and the potential penalties for a conviction can be severe.
A Bronx fraud lawyer could help you understand New York’s criminal fraud laws, develop a defense designed to defeat the prosecutor’s case in court, and present that defense to juries in a way designed to protect your rights and freedoms. If you are facing these charges, protect your rights by speaking with an adept defense attorney who can help you fight back.
What Does it Mean to Commit a Fraudulent Act?
Fraud is a crime that alleges that someone took an action designed to deceive another party. This typically includes an act such as forgery, bait and switch schemes, or a simple misrepresentation of an item in a sale. In fact, there is an entire collection of statues in New York’s penal law that speak toward allegations of fraudulent activity.
A common example is taking control over the property of another for a stated purpose and keeping possession of that property. For example, if someone takes another person’s car with the purpose of fixing an exhaust leak, and never returns it, this may count as fraud. A Bronx lawyer could provide more information about the legal concept of fraud.
Fraudulent Activities in the Bronx
There is no criminal statute under New York law that punishes fraud as a general concept. Instead, prosecutors can use a collection of related statutes that can punish fraudulent activity on a more specific basis. Specific examples of New York criminal fraud statutes include:
- Insurance fraud in the fifth degree New York Penal Law §176.10: It is a class A misdemeanor for any person to commit fraud with respect to the insurance industry which can include knowingly filing a false claim or providing false information on a policy application
- Forgery in the third degree New York Penal Law §170.05: Forgery involves the making, completing, or altering of any written document with the intent to deceive another party
- Falsifying business records in the second degree New York Penal Law §175.05: It is a class A misdemeanor for any person to make any false marks or to erase entries in a business’s records or reports
Regardless of the exact sort of fraud charges that an individual is facing, a Bronx attorney may be able to help build a strong defense.
What are the Possible Penalties for Fraud?
Fraud can range in severity based on two main factors. The first is the dollar value of the alleged fraudulent activity. The second is the nature of the crime itself. For instance, defrauding a single person is less severe than defrauding a large group.
As a result, the severity of this crime can range from misdemeanors to felonies. Generally, the higher the value of the alleged fraud, the more serious the penalties. It is not usual for a felony-level fraud to result in a multi-year prison sentence. Alternatively, a misdemeanor fraud where the defendant has no criminal record could result in no more than probation. A lawyer in the Bronx could help individuals to understand the potential consequences of a fraud conviction.
How are Criminal and Civil Fraud Different?
Fraud is a prominent example of an act that may expose a person to both criminal and civil liability. When fraudulent activities violate state law, the district attorney’s office seeks penalties that may include the payment of a fine or serving time in jail.
However, the alleged victims of fraud may also seek compensation through a related civil lawsuit. These lawsuits can require a person to provide cash payments but cannot result in incarceration. Even so, people need to be aware that they may face both legal issues for the same alleged activity. An attorney in the Bronx could provide representation only in the criminal cases but could explain how someone may face civil liability for fraud charges as well.
Defending Individuals Against Fraud Allegations
Fraud allegations can vary significantly in their complexity and potential consequences. However, no matter the type of allegation, the prosecutor must prove that the defendant committed the alleged offense with the intent to deceive another party. Therefore, a common defense is that the accused had no intent to deceive another.
Another common defense to these allegations concerns how police conducted their investigation. Many of these cases involve hundreds or thousands of pages of evidence that supposedly indicate fraud. If these pages were seized from a defendant’s office, or were taken off their computer, police need to have obtained a warrant to perform this search. A local fraud attorney could petition the court to exclude evidence if police violated the right to privacy of the accused.
How a Bronx Fraud Attorney Can Help
Allegations of fraud have the potential to change your life. Even misdemeanor level offenses can result in a conviction that may result in a lengthy jail sentence, the imposition of heavy fines, and the creation of a criminal record. This could greatly affect your finances, freedom, and future employment opportunities.
A Bronx fraud lawyer could fight by your side to prevent this from happening. They can work to evaluate the legality of the police work that led to the arrest, examine the strength of the prosecutor’s case, and identify a defensive strategy that is designed to give you the best chance of success. Contact an attorney today to see how they could help you.