Fraud and Theft Offenses

Theft and fraud crimes are among the most commonly prosecuted offenses. You can be arrested and charged with these offenses by taking property or money from another person without their consent. While fraud and theft offenses involve the unlawful taking of property, they differ in how it is acquired.

Fraud crimes are committed by misrepresenting facts to gain an undeserved benefit. They include offenses like check fraud, credit card fraud, insurance fraud, foreclosure fraud, and senior fraud. On the other hand, theft involves using force or tricks to take away another person’s property and cover crimes like forgery, burglary, robbery, and grand theft.

A conviction for a theft or fraud crime can cause severe legal and collateral consequences. Even after serving a jail or prison sentence, the conviction can taint your criminal history and affect your personal and professional lives for years. Therefore, you should seek expert legal guidance and representation if you are charged with these offenses.

Theft Crimes

When you take another person’s property without their consent and intend to deprive them of its enjoyment, you will face charges for a theft crime. Specific circumstances define different forms of theft and come with clear penalties for a conviction. Theft crimes include:

Petty Theft

California PC 484(a) defines petty theft as the wrongful taking of another person’s property worth $950 or less. You could be found guilty under this statute if the prosecution can prove these elements of your crime:

• You took another person’s property.
• You did not have consent from the property owner.
• The property you took was worth $950 or less.
• You moved the property a distance away from the owner.
• You acted to deprive the owner of the property’s enjoyment.

Petty theft is a misdemeanor punishable by a jail sentence of up to six months and fines not exceeding $1,000. Most first-time offenders can avoid incarceration for petty theft by negotiating with the prosecution for a probation sentence.

Grand Theft

Under California PC 487, grand theft is stealing more than $950 worth of personal property belonging to another person. Grand theft could be committed by trick, larceny, or embezzlement, depending on the circumstances under which you took the property.

• Before your conviction for grand theft, the prosecuting attorney must prove that:
• You took property belonging to another person.
• The property was worth $950 or more.
• You acted to deprive the property owner of its use.
• You did not have consent from the property owner.

Grand theft is a wobbler, meaning the prosecution can file felony or misdemeanor charges against you. As a misdemeanor, grand theft is punishable by a maximum of one year in jail, probation, and up to $1,000 in fines. A felony conviction, on the other hand, will see you spend between sixteen months and three years in prison.

Robbery

Taking another person’s property through force, violence, or intimidation is charged as robbery under California law. Robbery is defined under California PC 211 and has the following elements:

• You took property belonging to someone else.
• The alleged victim had the property when you took it.
• You took the property in the victim's immediate presence.
• You took the property against the owner's will.
• You used force, violence, or intimidation to take away the property.

Depending on the circumstances, robbery can be charged in the first or second degree. You can be charged with first-degree theft if you commit the crime in an inhabited home or on a victim who just left an A.T.M. In this case, your crime will be charged as a felony.

First-degree robbery is a felony that results in a maximum prison sentence of six years and a $10,000 fine after a conviction. All other forms of robbery that do not fall under first-degree robbery are charged as second-degree robbery. For a second-degree robbery, you will face a maximum prison sentence of five years.

Your sentence for robbery could be enhanced by up to six years if you cause great bodily injury to another person when committing the crime. Another factor that could increase your penalties is using a firearm to accomplish the crime.

Burglary

Burglary is a crime involving unlawful entry into a residential or commercial structure to commit theft or another felony offense. The elements that the prosecution must prove to establish your liability for burglary under PC 459 include:

• You entered a locked building or vehicle.
• You entered the building intending to commit a theft or felony offense.

You are not required to succeed in committing the crimes to be charged and convicted under this statute. Burglary can be charged as first-degree if you entered a residential building or second-degree if you entered a commercial building.

A conviction for first-degree burglary is a felony punishable by:

• A prison sentence of two to six years
• Felony probation
• Fines not exceeding $10,000

On the other hand, second-degree burglary is a wobbler that can be charged as a felony or a misdemeanor. A misdemeanor conviction under this statute is punishable by a maximum of one year in jail.

For a felony conviction, you will face up to three years in prison. If you are charged with burglary in California, you must hire and retain a reliable criminal defense lawyer for guidance and legal representation.

Embezzlement

California PC 503 makes it a crime to unlawfully take property entrusted to you by the owner. The prosecution must prove these elements to secure a conviction in your case:

• A property owner entrusted the property to you.
• The owner did so because they trusted you. You fraudulently used the property for personal benefit.
• You acted with the intent to deprive the owner of the property.

Abusing the position of the trust bestowed upon you by the property owner makes embezzlement a serious offense. Mostly, embezzlement charges are brought against employees entrusted with management money or property in a company.

Embezzlement can be charged as grand theft or petty theft, depending on the value of the property you misappropriated. You will face a grand theft charge if the property is worth $950 or more. The punishment you will face in this case ranges from a year in jail for a misdemeanor to three years for a felony.

For property worth $950 or less, your embezzlement charge will attract a misdemeanor charge. A misdemeanor embezzlement charge is punishable by a maximum of one year in county jail.

Receiving Stolen Property

Most theft offenses focus on the perpetrator of the act or the person who took away the property. However, you can be arrested and charged under PC 496 if you receive property you know was unlawfully obtained. The elements of crime under this statute include;

• You revived, bought, or sold property stolen from another person.
• You knew or should have known the items were stolen.

A violation of PC 496 can attract felony or misdemeanor charges, depending on the property's value. As a misdemeanor, receiving stolen property will mean spending up to a year in jail. If receiving stolen property is charged as a felony, the crime will attract a penalty of up to three years in prison.

Fraud Crimes

California law defines fraud as the intentional deception made for unfair gain or causing loss to another person. For this reason, the state has dozens of laws criminalizing various types of fraud. Fraud is a white-collar crime that does not involve violence or physical harm to the victim.

However, the financial loss and distress these crimes cause make them serious offenses. Common fraud crimes with which you could be charged under California law include:

False Impersonation

California PC 529 prohibits false impersonation involving using another person’s name or identity for unlawful purposes. Acts that could constitute impersonation include using another person’s identity to obtain employment or pretending to be another person on social media.

• You will be convicted of violating this statute if the prosecutor proves that:
• You impersonated another individual in a public or private capacity.
• You performed an additional act that created an unlawful benefit for you or liability for the alleged victim.

Depending on your criminal history and the impact of your actions, false impersonation can attract a felony or a misdemeanor charge. A felony conviction under this statute is punishable by up to three years in prison.

Check Fraud

California PC 476 makes it a crime to pass, create, utter, or publish a fraudulent check to gain a valuable item. The prosecution in your case must prove these elements to obtain a conviction against you for check fraud:

• You passed, made, or attempted to use a false check bill to pay money or property. A check is considered fake if altered or drawn from a non-existent bank account.
• You knew the bill was fake or altered when you acted. This element helps avoid the prosecution and conviction of individuals who did not know the nature of the check bill as fraudulent.
• You intended to commit fraud. You intend to defraud another person or entity if you intend to deceive them for an unlawful gain.

If you are charged under PC 476 for possessing a fraudulent check bill, the prosecution must establish your possession and intent to pass the document as genuine. You can face a misdemeanor or a felony charge. A felony check fraud conviction will attract a three-year prison sentence. A misdemeanor conviction, on the other hand, will see you spend up to one year in jail.

Internet Fraud

Internet fraud, commonly known as cybercrime, is using the Internet to commit fraud. Typical forms of internet fraud you could be charged with include phishing, internet scams, and accessing another person’s computer without consent. The schemes that count as internet fraud are charged and punished in federal court.

You will face a conviction for internet fraud under federal law if the prosecution can prove that:

• You planned to engage in fraud.
• You used electronic communication, like an email, to further your scheme.

You could be found guilty of internet fraud even when your scheme to defraud another person does not succeed. A conviction for internet fraud carries a federal prison sentence of up to twenty years.

Senior Fraud

You commit the crime of senior fraud when you defraud a person of over 65 years of money or property. These offenses involve embezzlement of funds or property belonging to an elder. Senior fraud is charged under PC 368(d) and 368(e). The following are the examples of senior fraud:

• Failing to pay an elder bill that you are responsible for
• Making an unauthorized purchase with an older credit card
• Altering an elder’s will
• Failure to purchase necessities for an elder under your care

You will be found guilty of senior fraud if the prosecuting attorney proves these elements:

• You committed an offense such as forgery, theft, embezzlement, or fraud.
• The property or money involved in the offense belonged to an elder.
• You were tasked with caring for the victim during the act.
• You knew or should have known the alleged victim was 65 years or older.

The nature of your charge for this crime will vary depending on the property value or the amount you intend to defraud the elder. If the property is valued at $950 or less, you could face a misdemeanor charge and risk facing a one-year jail sentence.

For property worth $950 or more, the prosecution can file a felony or a misdemeanor charge. A conviction for senior fraud attracts a sentence ranging from 16 months to 3 years and fines not exceeding $10,000.

Health insurance fraud

Health insurance fraud is a crime medical staff and physicians commit by submitting or causing patients to submit false claims to the government or an insurance company. The prosecution must prove these elements to establish your liability for healthcare or medical fraud in California:

• You intentionally executed or planned to execute a scheme.
• The scheme involved defrauding a healthcare benefit program.
• You intended to obtain money or an unlawful benefit from the public or private health insurance company.

Examples of acts that could result in an arrest and charges for healthcare fraud include:

• Submitting multiple health insurance claims for a single scenario
• Submitting a false or fraudulent claim
• Submitting a claim for services that were not offered
• Preparing the writings to support the false claims

Health insurance fraud attracts felony or misdemeanor charges, depending on your criminal history and the claim's value. A conviction for the offense can cause imprisonment for ten to twenty years. Sometimes, insurance fraud is charged in federal court, resulting in harsher punishment.

Automobile Insurance Fraud

You commit automobile insurance fraud by making a false claim to your insurer for a benefit that you do not deserve. There are several ways through which a person can commit auto insurance fraud, including:

• Damaging or abandoning their vehicle before making an insurance claim
• Causing an accident intentionally
• Making multiple insurance claims
• Making false statements to the insurance company

Auto insurance fraud is a felony punishable by up to five years in prison and fines not exceeding $50,000.

Mail Fraud

You can be charged with mail fraud for using a private mail carrier or US post office to receive or send material for a fraudulent scheme. Mail fraud is a severe federal offense and has the following elements:

• You Hatched a Scheme to Commit Fraud

Fraud is any willful or reckless misrepresentation of material with the intent to deprive another person or receive undeserving benefits. The prosecution must establish that your misrepresentation was illegal before a mail fraud conviction.

• You Used Mail to Further Your Scheme

Federal law governs any business activity that occurs between state lines. Therefore, the prosecution must prove that you furthered your fraudulent schemes by sending or receiving material through the mail.

• You Acted with a Fraudulent Intent

Your intent when engaging in the acts is often key in proving your liability for a fraud crime. Therefore, the prosecuting attorney must establish your intention to cause loss to another person or gain an undeserving benefit.

When charged in federal court, a mail fraud conviction could cause a prison sentence of up to thirty years.

Find a Reliable Theft Crime Defense Attorney

You could be arrested and charged with a theft or fraud crime if you take property belonging to someone or engage in an act that results in an undeserving benefit. California law is stringent on defendants facing theft and fraud charges. Therefore, a conviction for an offense under these categories could land you behind bars. Additionally, you could be subjected to hefty fines and, sometimes, probation.

The consequences of a theft or fraud crime conviction can affect your life. Therefore, hiring and retaining a competent criminal defense attorney while battling charges for these offenses is essential. Your lawyer will help you investigate the facts of your case and build a solid defense to secure a favorable case outcome.

At California Criminal Lawyer, we offer top-notch legal guidance for clients battling theft and fraud criminal charges in San Jose, CA. Contact us at 408-622-0204 for much-needed legal insight.