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What to Do If You’re Facing Insurance Fraud Charges

What to Do If You’re Facing Insurance Fraud Charges

Insurance fraud is a serious crime. If you’ve convicted of it, you could be required to serve time behind bars as well as pay hefty fines and restitution to your victims, among other consequences. However, with the right representation on your side, you can figure out what to do if you’re facing insurance fraud charges and have the best chance possible of receiving a favorable outcome in your case.

Need representation for insurance fraud charges? Then get in touch with Robin D. Perry. The Law Offices of Robin D. Perry & Associates provide vigorous representation to clients and are a goal-oriented and values-driven firm. We develop creative strategies to win every case, every time and are confident we can help you with your domestic violence case. Reach out to us today to schedule a consultation.

The Definition of Insurance Fraud

Insurance fraud occurs when someone lies to obtain a benefit they are not entitled to, or when someone denies a benefit to an individual who is entitled to it. Insurance fraud charges would be valid if someone intentionally defrauded insurance and the insurance fraud occurred, even if actual loss did not end up happening. Some types of insurance fraud are related to workers’ compensation, automobile collisions and property, and healthcare, fire, property, medical, and life insurance.

One example would be faking or exaggerating an injury so that you can get a settlement for a personal injury from an insurance company. Another example would be if you intentionally set fire to your business so you could collect the insurance money from it. Along with losing your insurance coverage and having to return the benefit you collected, you could face criminal insurance fraud charges. You could also be charged with insurance fraud if you helped someone else commit it.

To fight your criminal charges, you’ll need an experienced insurance fraud lawyer to help you.

The Penalties for Insurance Fraud in California

Insurance fraud could be charged as a misdemeanor or a felony in California depending on the circumstances surrounding your case, including the amount of money that was involved.

If you’re charged with felony insurance fraud, then you could be sent to jail for two, three, or five years, as well as have to pay a fine of $50,000 or up to double the amount of the money you allegedly stole.

If you’re charged with misdemeanor insurance fraud, you could spend up to a year in county jail and pay up to $10,000 in fines. If you destroy insured property, this is a felony and you could have to spend two, three, or five years in jail and pay a $50,000 fine. If you’ve been convicted of insurance fraud in the past or if someone experiences serious bodily injury in a vehicle fraud case, then your sentence could be enhanced. This means that additional penalties may apply.

No matter what kind of charges you receive, you’ll need to pay restitution to your victims.

If you have one or more prior insurance fraud convictions on your record, then you would not be able to go on probation instead of serving time behind bars.

Defending Yourself Against Insurance Fraud Charges

The prosecutor is going to have to prove that you intended to commit insurance fraud, and that’s not easy. They will need evidence of your guilt. Otherwise, you could defend yourself by saying that you had no intention to make a fraudulent claim. Perhaps you mixed up the facts or didn’t remember something correctly.

The insurance company may have made an error as well. Additionally, the statute of limitations could have expired, or the police might have engaged in misconduct, like illegally searching your home or place of business without a warrant in order to collect evidence to use against you.

What to Do if You’re Arrested for Insurance Fraud

If you get arrested for insurance fraud, the first thing you should do is stay silent, since you have your Miranda rights and don’t need to tell the police or prosecutor anything. Then, call a criminal defense attorney and let them know you’ve been arrested. Once you’re out of jail, write down all the details you remember about your arrest, including whether or not the police read you your Miranda rights.

The court is going to offer you the option to use a public defender for free. While this seems like an attractive option, it could be detrimental to your case – as well as your future. Public defenders are competent lawyers, but they are given many cases to work on at once and will not be able to give your case the attention it deserves. You could end up getting a raw deal, which would impact your life for years to come. If you have to go to jail or prison, that would be devastating. However, you may also have trouble securing employment and housing and face other issues if you have a criminal conviction on your record.

A criminal defense attorney will work hard on your case and fight for you. They will be available to answer any questions you have and take you through the criminal justice process. They’ll help you decide if it’s best to take a plea bargain or go to trial as well. Typically, criminal cases end in plea bargains to relieve some of the pressure on the courts. If you plead guilty or no contest to some or all of your charges, they could potentially be reduced or dropped altogether. You and your lawyer will determine whether it’s worth it to fight the charges in court or accept a plea bargain.

When looking for a criminal defense attorney, seek out one who has the experience with insurance fraud along with the case results to demonstrate their competence. They will support you during this difficult time and be in your corner when you need someone.

Get in Touch With Robin D. Perry & Associates

If you need a criminal defense attorney after getting charged with insurance fraud, then it’s time to get in touch with the Law Offices of Robin D. Perry & Associates today. No matter what, we will fight on your behalf during your time of need. Call us at 562-216-2944 or contact us on our website for a free consultation.

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