(561)988-8000 As a type of theft centering around deception, fraud comes with severe legal consequences. And while many charged with fraud are guilty, others find themselves falsely accused. If you have been wrongly accused of fraudulent activities, contact a Tequesta fraud Lawyer to discuss your case. We can also help you if the accusations are true.
Not only do fraud convictions typically result in prison sentences and fines, they often cause irreversible reputation damage. Whether you serve as a public official or are otherwise known throughout your community, a fraud conviction can make it challenging to find new work or remain in your area. Working with one of our knowledgeable Attorneys at Leifert & Leifert can help you avoid these consequences to move forward without a blemished record.
What Are Some of the Most Common Examples of Fraud in Tequesta?
Fraud takes many forms, including:
- Tax fraud, such as hiding income to avoid paying taxes
- Mail fraud,
- such as stealing and opening another person’s mail, or sending scam letters to steal personal information or money
- Health care fraud, such as lying to an insurance provider for personal gain
- Forgery, such as forging a person’s name on a will or living trust
- Debit & credit card fraud, such as stealing a person’s financial information and using it to purchase goods and services
- Voter fraud, such as voting twice or tampering with election results
- Internet fraud, such as data breaches, phishing, and malware
Attorneys in Tequesta provide representation for persons accused of these and other forms of fraud.
How is Fraud Proven Per Florida Laws?
A Prosecutor in any Florida Court must prove the defendant committed fraud beyond a reasonable doubt by showing the individual willfully made untrue statements relating to the material in question, such as leaving company bonuses off their tax return. The Prosecutor must also show that the defendant caused harm to another person, group of people, or entity because of their false statements, and intended to steal money or property.
Chapter 817 of the Florida State Code concerns the Florida Communications Fraud Act, which details what constitutes fraud in the southern state and related Felony penalties. If a person convicted of fraud has stolen $50,000 or more, for example, they are guilty of a first-degree Felony that includes up to 30 years in prison. A convicted individual must pay fines in light of the Felony, such as $10,000 for a first or second degree Felony.
Judges can also sentence convicted persons to probation, house arrest, jail community service and restitution, meaning they must pay back the money they obtained due to the fraud. Those who commit fraud habitually face more severe penalties, such as extended jail sentences and higher fines.
When Would Someone Be Charged with Embezzlement?
The Sunshine State classifies embezzlement as a form of theft under Florida Statutes Section 812.014. To obtain an embezzlement conviction, the prosecution must show that the defendant had a financial relationship with the accuser. Known as a fiduciary relationship, this means that the defendant was trusted to handle financial affairs such as overseeing rental properties or business bank accounts. In addition to full-time employees, fiduciary relationships exist between stockbrokers, bankers, and their clients. Lastly, if a person were found to have transferred monies or other assets to themselves or a third party, such as an offshore bank account, they could be convicted of embezzlement.
Different Punishments for Embezzlement Convictions
Fraud Attorneys in Tequest attempt to overturn embezzlement charges against defendants that range from Misdemeanors to Felonies depending on the supposed amount of money stolen:
First Degree Felony
This Felony charge is for embezzled property worth $100,000 or more, or ship cargo valued at $50,000 or more stole due to a state of emergency. Penalties include 30 years in prison, fines up to $10,000 or both.
Second Degree Felony
An individual could be charged with a second-degree Felony for embezzling property worth more than $20,000 but less than $100,000. Second-degree Felony convictions also apply to those who embezzle emergency medical equipment worth $300 or more. Individuals working with others to steal property worth $3,000 or more may also receive second-degree Felony convictions resulting in fines up to $10,000, 15 years in prison, or both.
Third Degree Felony
A Felony charge in the third degree may be issued to someone who embezzled at least $300 in value but less than $30,000. Third-degree Felonies additionally apply to stealing firearms, fire extinguishers, commercial animals, and more than 2,000 pieces of citrus fruit. Embezzling property valued at $100 or more also falls under the third degree. Felony umbrella and includes $500 fines, 60 days in prison, or both.
First Degree Misdemeanor
A person would be charged with a misdemeanor if they embezzle property worth more than $100 and less than $300. Penalties include as much as 60 days in jail, a fine of $500, or both.
Second Degree Misdemeanor
Florida courts consider any embezzled property not listed under first, second, and third-degree Felonies or first-degree Misdemeanors as second-degree Misdemeanors. The penalties for this type of misdemeanor includes a fine of $500, 60 days in prison, or both.
Reach Out to a Tequesta Fraud Attorney Today
Speak with a Tequesta fraud Lawyer today if you have been charged to hopefully avoid a conviction. an Attorney will go over your case’s details, gather evidence in your favor, let you know what your legal options are, and review your rights as a Tequesta resident.
Contact a law firm near you to get started on your case and give yourself some peace of mind. Knowing you have the help of one of our trusted Attorney’s at Leifert & Leifert makes dealing with any legal issue less stressful. Defend yourself by making the call as soon as possible.
