Experienced Orlando Fraud Defense Attorneys Ready To Assist You
Charges of fraud can be difficult to prove — and complex to defend. At the Moses & Rooth, Attorneys at Law, our Orlando fraud defense lawyers are former prosecutors who know both sides of the courtroom. We have seen many types of fraud cases, and we are well prepared to develop a strong case for a client accused of fraud.
Fraud Defense Lawyers • Former Prosecutors
When you call an Orlando fraud defense lawyer at Moses & Rooth, Attorneys at Law, we will immediately begin protecting your rights. If any evidence was improperly obtained or if you were improperly questioned, we can effectively and efficiently deal with those issues.
Whatever fraud charges you are facing, we can help.
- Forgery: Have you been accused of writing bad checks or forging documents (driver’s license, birth certificate)? Contact a forgery defense lawyer at Moses & Rooth, Attorneys at Law.
- Credit card fraud: Were you charged with using someone else’s credit card? Talk to an Orlando fraud defense attorney about the circumstances.
- Mortgage fraud: Have you been charged with mortgage fraud? Speak to an experienced Orlando fraud defense attorney immediately to begin protecting your rights and preparing your case.
- Welfare fraud/food stamp fraud: If you are suspected of welfare or food stamp fraud, you need a lawyer who understands the issues and who will effectively present any mitigating circumstances to the judge.
- Internet fraud: The Internet can be used for fraudulent purposes. If you have been charged with obtaining money from people through Internet fraud, make sure you have an Orlando fraud defense lawyer who understands the technology and the charges.
- Identity theft: Have the police accused you of stealing an identity, including credit cards, checks, Social Security numbers, and birth certificates? Talk to an Orlando fraud defense attorney about how to fight those charges.
- Insurance fraud: Has an insurance company filed charges against you for allegedly faking injuries or property losses? Call our law firm. We will protect your rights and defend you.
Fraud charges can also include counterfeiting, dealing with stolen property, pawning property that belongs to someone else, and using checks without authorization . Whatever the charges, whatever the circumstance, we will protect your rights and defend you.
From our office next to the Orange County Courthouse, the Moses and Rooth law firm represents clients in the Central Florida communities of Orange County, Seminole County, Osceola County, Volusia County, Brevard County, Lake County, and Polk County.
Possible Charges and Punishments for Fraud
Florida authorizes numerous different charges for fraudulent practices depending on the alleged conduct. Florida Statutes § 817.02 prohibits anyone from falsely impersonating or representing themselves as another person to intentionally receive property for the purpose of taking that property as their own. Additionally, it is unlawful to damage the credit history or otherwise cause harm to the person whose identity they assumed when taking the property. Anyone who commits these acts is guilty of larceny or theft.
Petit theft in Florida occurs when the property is valued below $750. Grand theft in Florida occurs when the property taken is valued at more than $750.
Florida Statutes § 817.233 addresses insurance fraud. Essentially, if you set fire or attempt to set fire to a building, structure, or personal property willfully and with the intent to injure or defraud an insurer, you are guilty of insurance fraud. This crime is a third-degree felony that carries the possible penalty of up to five years in prison. Additionally, the court can impose a fine of up to $5,000.
In some cases, fraud charges fall within federal jurisdiction. This can occur when fraudulent activity crosses state lines.
Contact a fraud attorney at Moses & Rooth today if you are facing fraud charges in Florida. Our team has extensive experience assisting clients who are facing fraud allegations. Reach out to us today to schedule your free initial consultation.
Elements Needed to Prove Fraud
Proving and defending allegations of fraud are complex tasks. That is why you need an Orlando fraud defense lawyer who knows how to navigate these types of criminal charges.
To establish fraud, the prosecutor needs to prove that the accused intended to defraud the victim. If you made an honest mistake or lacked the intent to defraud, the prosecution will likely struggle to prove that you are guilty beyond a reasonable doubt. With a valid legal defense, the prosecutor might agree to reduce your charges or dismiss them entirely.
Since a fraud conviction could result in criminal penalties and negatively impact your future employment opportunities, getting your charges reduced or dismissed is the best possible outcome. As former prosecutors, our lawyers have a comprehensive understanding of all sides of the criminal justice process. Contact one of our lawyers for fraud crimes defense today.
Defenses to Fraud Charges
In any criminal case, it is the prosecution’s burden to establish every element of a crime beyond a reasonable doubt. In fraud cases, this can be challenging due to the complex legal and evidentiary requirements needed to prove this crime. Thus, one of the most common defenses to fraud crimes involves trying to prevent inadmissible evidence from coming into trial and then challenging the sufficiency of the evidence that’s left.
For example, any conduct that wasn’t based on an intent to defraud cannot form the basis of a fraud charge. So, if your lawyer can establish that you either made a mistake or lacked the intent to commit the crime, you may have a valid defense.
The Role of an Orlando Fraud Attorney
Lawyers for fraud cases typically start by conducting a thorough investigation. This requires a nuanced understanding of the Florida Rules of Evidence, as the prosecution will likely need to call several witnesses to prove its case. Often, novice prosecutors will fail to consider all of the witnesses they need, and an experienced attorney can leverage this oversight into a viable defense.
Criminal fraud lawyers will also strategically negotiate with prosecutors when doing so is in their client’s best interests. Not always, but sometimes, getting a good plea bargain is the best result. From the government’s perspective, fraud cases are among the more burdensome cases to prosecute. Thus, savvy defense attorneys try to capitalize on the fact that prosecutors have heavy caseloads and often seek to settle complex cases without going to trial. Defense attorneys can use this and other leverage to work out a favorable plea agreement that spares their clients the uncertainty and stress of going to trial.
If a conviction is unavoidable, a fraud attorney can also help during sentencing. Sentencing in white-collar cases is complex at both the state and federal levels. Defendants can receive significantly reduced sentences by presenting mitigating factors, such as a record of public service, an impressive employment history, military service, a history of mental health or substance abuse issues, and a lack of significant criminal history.
Frequently Asked questions
How Do I Prove Fraud in Orlando, FL?
Proving fraud requires the prosecution to establish that you acted with the intent to defraud another person. Fraud can be based on false or misleading statements or actions that induce another person to do something that is against their interest.
Can You Go to Jail for Fraud in Florida?
Yes, most fraud charges are felony offenses that can carry significant jail time if you are convicted. For example, credit card fraud involving more than $100 in charges is a third-degree felony, punishable by up to five years in jail, five years of probation, and a fine of up to $5,000.
What Is an Example of Fraud on the Court in Florida?
Fraud on the court is a crime in which someone intentionally does something that interferes with the judicial system’s ability to handle a case by unfairly trying to influence a judge or juror or hampering a party’s ability to present their case or defense. One of the most common examples of fraud on the court involves filing a pleading that you know to be false.
Speak with an Experienced Orlando Fraud Lawyer About Your Case Today
At Moses & Rooth Attorneys at Law, we have handled multiple fraud cases ranging from misdemeanors to felonies. Both Andrew Moses and Jay R. Rooth are former prosecutors who are fully familiar with the tactics used and limitations faced by prosecutors in theft cases.
Our team can provide the expertise and insights needed to achieve the best possible outcome in your case. We strive to ensure that all our clients know what to expect throughout the criminal process and feel comfortable with their fraud lawyer.
A fraud attorney at Moses & Rooth is always available, so you can contact us at any time. Reach out to us today to schedule your free initial consultation.