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 an experienced criminal 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 pursue the charges against you vigorously. 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 2024, reported fraud in Pennsylvania surged to approximately 1,204 complaints per 100,000 residents, based on 156,014 reports filed between April 2023 and March 2024. That year, Pennsylvanians lost a total of $285.4 million to fraud statewide — a dramatic rise over prior years and evidence that fraud continues to escalate.
For comparison, while some states still have higher per-capita identity-theft rates, the rate in Pennsylvania has risen sharply, underscoring that identity theft is no longer confined to a handful of hotspot states but is a real concern across the commonwealth. As with all fraud statistics, these numbers likely understate the full extent of the problem, as many victims do not report their losses (often due to embarrassment or fear).
Fraud Cases Fienman Defense Handles
At Fienman Defense, we can assist you in defending against various types of fraud charges, including:
Access device fraud
Access device fraud charges occur when you use an ATM, debit, or credit card that is counterfeit, canceled, or that belongs to someone else. You may face misdemeanor charges, or if the fraudulent transaction involves more than $500, the offense becomes a third-degree felony, carrying a potential prison term of up to 7 years and fines of up to $15,000.
Identity theft
Identity theft offense consists of 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 for insurance fraud. 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
Trademark counterfeiting 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.
Penalties for Fraud Charges in Pennsylvania
If you’re convicted of fraud in Pennsylvania, you may face jail time, steep fines, restitution, court costs, and other long-term consequences. A conviction becomes part of your permanent criminal record, which can impact employment, housing, education, and professional licensing. Felony fraud convictions come with even harsher consequences, including longer prison sentences and the loss of certain civil rights, such as the right to vote or possess a firearm.
These penalties underscore the importance of hiring an experienced criminal defense attorney as early as possible. Your Philadelphia fraud defense lawyer can challenge unlawfully obtained evidence, protect your rights, and work toward reducing or dismissing the charges you face.
Defending Against Fraud Charges
Facing fraud charges can feel overwhelming, but you have options. An experienced Philadelphia fraud defense attorney can help you understand your rights and develop a strong defense strategy tailored to your specific 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.
Frequently Asked Questions About Fighting Fraud Charges in Pennsylvania
What Should I Do if I Learn I’m Under Investigation for Fraud?
Do not speak with investigators, provide documents, or try to “clear things up” on your own, as anything you say can be used to build the case against you. Investigators often appear friendly, but their job is to gather evidence—not help you. Contact a defense attorney immediately so they can communicate on your behalf and prevent avoidable mistakes.
Are All Fraud Charges in Pennsylvania Felonies?
No. Fraud offenses range from summary and misdemeanor violations to serious felonies, depending on the value involved, the type of fraud, and whether you have prior convictions. Even a misdemeanor conviction can bring significant penalties and long-term collateral consequences. A lawyer can break down the specific grading of your charge and what penalties realistically apply.
Can Fraud Charges be Dismissed Before Trial?
Yes, depending on the circumstances. Fraud cases often rely heavily on documents, digital evidence, and financial records, and if any of that evidence was obtained illegally or lacks proper authentication, your attorney can challenge it. In some cases, suppressing key evidence leaves the prosecution without enough to proceed, resulting in dismissal.
Will I Go to Jail if I’m Convicted of Fraud?
Not necessarily. Sentencing depends on the severity of the alleged scheme, the financial loss, your prior record, and whether anyone was harmed. Your attorney may be able to negotiate alternatives such as probation, restitution agreements, diversion programs, or reduced charges that avoid incarceration.
Can Accepting a Plea Deal Help Me Avoid a Fraud Conviction?
Sometimes. A plea deal may reduce a felony to a misdemeanor, limit your exposure to jail time, or minimize the long-term damage to your record. However, plea deals vary widely, and an attorney can evaluate whether the offer is truly beneficial or whether fighting the charges may lead to a better outcome.
Why Hire Fienman Defense
As a Philadelphia fraud defense lawyer, Michael Fienman is committed to achieving the best possible outcome for your case. Attorney Fienman will carefully review the prosecutor’s evidence to determine whether any of it can be challenged or excluded. He will then work to show that the remaining evidence does not prove beyond a reasonable doubt that you committed fraud.
In some cases, it may be in your best interest to negotiate a plea. When that is the case, Attorney Fienman will work directly with the prosecutor to secure a favorable resolution that minimizes penalties and protects your future.
Don’t Face Fraud Charges Alone. Call Fienman Defense Today
If you need the services of a reputable and experienced Philadelphia fraud lawyer, Fienman Defense is just a phone call away. We’ve built our reputation on achieving the best possible case outcomes for our clients through aggressive advocacy.
If you’ve been charged with fraud, call us today at (215) 839-9529 or complete our online contact form for a free and confidential consultation of your case.