If you get convicted of committing fraud, you will face a jail sentence and the obligation to pay fines, court costs, and attorney’s fees. Furthermore, your conviction will appear on your permanent criminal record, which will be visible to employers, schools, and government agencies that conduct background checks. A conviction for felony fraud will have even harsher consequences, such as the revocation of your constitutional rights to vote and to bear arms.
For these reasons, you should retain the services of a reputable lawyer to defend your case. Your Philadelphia fraud defense attorney will work hard to ensure that the authorities respect your rights at every stage of the criminal justice process. The prosecutor cannot use evidence that was obtained in violation of your rights, and your lawyer will know how to raise legal objections to such evidence.
Fraud in Pennsylvania
If you are accused of fraud, you can expect the prosecutor to vigorously pursue the charges against you. Fraud is a growing problem in Pennsylvania, which ranks in the top third of states in terms of fraud prevalence. Thus, the commonwealth of Pennsylvania spares no expense in punishing these perpetrators.
In 2014, reports of fraud rose by 24% in Pennsylvania to reach 544 complaints per 100,00 residents. That year, Pennsylvania residents lost $46 million to fraud—but the number is probably higher because many fraud victims are embarrassed to report how much they actually lost.
Also in 2014, the number of identity thefts reported in Pennsylvania grew by 17% with over 80 complaints per 100,000 residents. In contrast, Florida, which has the greatest prevalence of identity theft in the United States, reported 186 cases per 100,000 residents for that year. The most common identity theft scheme involves falsely claiming government benefits by using someone else’s personal information.
Fraud Cases Fienman Defense Handles
At Fienman Defense, we can assist you in defending against various types of fraud charges including:
Access device fraud
If you use an ATM, debit, or credit card that is counterfeit, canceled, or that belongs to someone else, you may face misdemeanor charges. If the fraudulent transaction involves more than $500, the offense becomes a felony of the third degree involving up to 7 years in prison and possible fines reaching $15,000.
Identity theft
This offense consists in using another person’s social security number, online passwords, or bank account numbers without his or her consent for your own financial advantage. When the amount exceeds $2,000, the offense will be charged as a third-degree felony. For amounts less than $2,000, you will face first-degree misdemeanor charges punishable by up to 5 years in prison.
Food stamp fraud
If You’re caught illegally collecting Supplemental Nutrition Assistance Program (SNAP) benefits, you may be disqualified from the program and forced to pay the program back or face jail time. Merchants may also be charged with fraud for colluding with ill-intentioned SNAP beneficiaries.
Insurance fraud
If you knowingly and intentionally provide an insurer with false or misleading statements about a claim or application for insurance, you will face both criminal and civil liability. This means that the prosecutor will charge you with a third-degree felony, and the insurance company will sue you in civil court to recover its damages.
Trademark counterfeiting
This offense involves knowingly manufacturing, selling, displaying, or advertising unauthorized reproductions or copies of a trademarked product or service. If you get caught with more than 25 counterfeit items, it is presumed that you have the intent to distribute them. If convicted, you may face years in prison and thousands of dollars in fines.
Defending Against Fraud Charges
Facing fraud charges can feel overwhelming, but you have options. An experienced Philadelphia fraud defense lawyer can help you understand your rights and build a strong defense strategy tailored to your case.
Challenging the Evidence Against You
Before your case goes to trial, your attorney will carefully review the evidence being used against you. If any evidence was obtained unlawfully—such as through an illegal search without a warrant, your consent, or an emergency justification—your lawyer can file a motion to have that evidence excluded. Without key evidence, the prosecution’s case may weaken significantly.
Holding the Prosecution to Its Burden
In any criminal case, the prosecution must prove every element of the crime beyond a reasonable doubt. In fraud cases, this typically means showing that you acted with specific criminal intent. A skilled Philadelphia criminal defense attorney can challenge the prosecution’s evidence, highlight weaknesses in their case, and present evidence that suggests you lacked any intent to commit fraud.
Exploring Plea Bargains and Sentencing Options
If the evidence against you is strong, negotiating a plea deal may be the best course of action. Your defense lawyer can work to reduce your charges—potentially securing a misdemeanor conviction instead of a felony—and help you avoid the harshest penalties. Even after a conviction, your lawyer can advocate for a lighter sentence during the sentencing phase, emphasizing mitigating factors that could lead to a more favorable outcome.
Call A Philadelphia Fraud Lawyer Today
If you need the services of a reputable and experienced Philadelphia criminal defense lawyer, Fienman Defense is just a phone call away. We’ve built our reputation on obtaining the best case outcomes possible for our clients through aggressive advocacy. If you’ve been charged with fraud, call us today at (215) 839-9529 for a free and confidential consultation of your case.