The criminal act of fraud can come in many forms. In a nutshell, fraud is an intentional deception made for personal gain or to damage another individual. As you can see, the definition of fraud allows for countless examples, such as obtaining property through false impersonation or false statements to merchants concerning financial condition.
The sheer amount of illegal scenarios involving fraud has led to a huge amount of time and effort in developing laws to combat this ever-present problem. Law enforcement is constantly on the lookout for individuals committing fraud and will be more than willing to arrest those suspected of the offense.
A fraud allegation can have wide-ranging effects on your social, professional and financial well-being. Considering the potential for this to turn your life upside down, it is vital to work with a Florida fraud defense attorney who can argue effectively on your behalf while protecting your rights during this difficult process.JACKSONVILLE FRAUD ATTORNEY
Prosecution can be swift and aggressive during a fraud trial. They will present a case that puts you in a negative light and will likely pursue the maximum punishment. To defend yourself against overzealous prosecution and the powerful influence of a sometimes ineffective justice system, legal representation is key. Having an attorney who is both well versed on Florida fraud laws and confident in their ability to maneuver the hazardous legal waters of a trial can be a huge benefit to those caught in a fraud allegation.
William Roelke, founding partner of Roelke Law, P.A., has spent years defending individuals accused of white-collar crimes and will bring this intimate knowledge of proper representation to your case. Proactive and aggressive legal counsel allows William to pursue the important factors of the case and seek out the information necessary for an effective defense strategy. He is committed to the clients he serves and has always made it a priority to provide excellent communication along with cost effective representation.
Located in Jacksonville, Roelke Law is in a convenient spot to serve residents throughout Northeastern Florida, including Duval County, St. Johns County, Clay County and Nassau County. Dedicated to a quick response and timely representation, the firm will immediately begin working on your case following a free initial consultation. To schedule a time to meet with an attorney to go over the details of your fraud allegation, please call (904) 354-0333 or send an online message today.
Fraud under Florida Law
The legal definition of fraud can be found in Chapter 817 of the Florida Statutes. Each type of fraud referenced by Florida legislators can be found in §§ 817.02 – 817.569. As you can see, the list is lengthy and factors in many different types of situations.
The primary charge for fraud in Florida tends to be 'obtaining property by false personation.' According to §817.02, whoever falsely personates or represents another, and in such assumed character receives property (or goods) intended to be delivered to the party so personated (the defrauded party), with intent to convert the same to his or her own use, is guilty of obtaining property by false personation.
This type of fraud is considered in the same manner a larceny charge would be. This means that the classification of the charge depends on the amount the 'property' was worth. So if the fraud involved a value of between $100 and $300, the offender will be charged with a misdemeanor of the first degree (up to one year in prison and / or a fine of up to $1,000).
If the fraud involved $300 or more, the charge will be considered a felony. A felony of the third degree will be charged if the value is between $300 and $20,000 (up to 5 years in jail and / or $5,000 in fines). If the value is between $20,000 and $100,000 the charge will be a felony of the second degree (15 years and / or $10,000 in fines). If the value of the fraudulent property is $100,000 or more, the defendant will be charged with a felony of the first degree (up to 30 years in jail and / or fines up to $10,000).
Common Types of Fraud
As mentioned before, the types of fraud that can occur are numerous. Some of the more common types of fraud committed in Florida include:
- Obtaining property by false impersonation;
- Home or private business invasion by false impersonation;
- Making false statement to obtain property or credit;
- Making false statements; venue of prosecution;
- Obtaining property by fraudulent promise to furnish inside information;
- Fraudulent issue of certificate of stock of corporation;
- Issuing stock or obligation of corporation beyond authorized amount;
- False or misleading statements or supporting documents;
- Criminal use of personal identification information;
- Criminal use of a public record or public records information.
In addition to these examples, a fraud allegation can also be linked to defrauding insurers by making false claims or even burning property to collect a policy payout. Making false claims about academic achievements, such as degrees or titles, is also considered a fraudulent action.
Roelke Law, P.A. | Duval County Fraud Arrest Lawyer
Having an attorney who is both knowledgeable in Florida fraud laws and certain of their ability to maneuver the hazardous legal waters of a trial can be a huge benefit to those who find themselves in a situation where they have to defend against fraud allegations.
Roelke Law, P.A. is a full-service criminal defense practice located in Jacksonville, FL that proudly serves residents and families throughout Northeastern Florida who have been accused of fraud. The firm is fiercely protective of the constitutional rights of its clients, so you can be sure that you are well taken care of during your this stressful legal situation.
William Roelke and staff are conveniently located to represent individuals throughout the cities of Jacksonville, Atlantic Beach, Neptune Beach, Baldwin, St. Augustine, Orange Park, Keystone Heights, Fernandina and Hilliard, among others. To schedule a free initial consultation to go over your case and discuss your legal options, please call (904) 354-0333 or send an online message today.