If you are facing an insurance fraud charge, you probably have a lot of questions. Navigating the criminal system can be overwhelming and confusing. A West Palm Beach insurance fraud defense lawyer can help guide the way. Our attorneys are experienced with cases like these and can help you develop a strong legal strategy and answer any questions you may have about the process.
Facing any sort of criminal charge can be an overwhelming situation, but you do not need to go through it alone. A local seasoned fraud attorney experienced in these matters can work with you, guide you through the legal process, and prepare you fully for each step along the way.
Insurance Fraud Laws in West Palm Beach
The laws regarding insurance fraud in West Palm Beach are governed by Florida Statutes Title XLVI § 817.234. In summary, it is unlawful to provide false, incomplete, or misleading information when filing an insurance claim for a payment or other benefit. It is also unlawful to provide false, incomplete, or misleading information in an application for an insurance policy.
These laws pertain to claims or applications made to any insurer, including but not limited to auto insurance, homeowner’s insurance, property insurance, life insurance, health insurance, and personal injury protection insurance.
Degrees of Insurance Fraud Charges
Depending upon the facts, insurance fraud is either a first, second, or third-degree felony. Felony charges are more serious than misdemeanor charges. This means that even minor fraud cases, such exaggerating damages done to a car when filing an insurance claim, are felonies and are punishable by one year in prison. More serious insurance fraud crimes can carry a prison sentence up to 30 years. Florida also imposes civil fines for insurance fraud, which can be anywhere from $5,000 to $50,000.
Common Defenses to these Charges
To prevail in a case of insurance fraud, the prosecutor must prove, beyond a reasonable doubt, that an individual knowingly made an incomplete, misleading, or false or statement, that the statement was made pertaining to a claim or payment under an insurance policy, and that the statement made was material to the claim. This is important, because if the prosecution cannot prove all these elements, there may be reasonable doubt.
Other possible defenses to insurance fraud charges can be a lack of intent to deceive or defraud, that the claim is not false, and a mistake of fact. A knowledgeable West Palm Beach insurance fraud defense lawyer could evaluate a person’s case and determine what defense works best for them.
Speaking to a West Palm Beach Insurance Fraud Attorney
A West Palm Beach insurance fraud defense lawyer can help you with your case. A local attorney can collect all the evidence the Prosecution has in the case and assess whether the State met its burden of proof. An experienced attorney can identify gaps and weaknesses in the prosecution’s evidence to undermine their case.
A lawyer can also help you mount a strong legal defense to the charges and work with you to develop a plan of action towards your case objectives. This includes representing you throughout the legal process, preparing you for court appearances, and making sure you know what to expect each step of the way. Contact us to schedule a free, completely confidential initial consultation.