Fraud is a general form of theft committed to deceive other individuals. Fraud is achieved with the intent to extort or gain compensation from the helpless and unsuspecting. In particular, Florida and the greater Miami area are the number one area in Country for fraud-related crimes and offenses.
To meet the criteria for a fraud charge under Florida Statute § 817.034, the prosecutor must demonstrate that the accused intended to defraud one or more individuals by false or fraudulent representations or promises of future actions.
While a large sum of money might be associated with fraud, it does not have to involve an excessive amount. Small amounts over time can still lead to a charge if they show a pattern of deception or misrepresentation. Additionally, prosecutors don’t necessarily need evidence that money was stolen due to a particular person’s actions. Instead, it may only consider that you knowingly made false statements with intent and knowledge that they would be relied upon.
In some cases involving insurance fraud, there may not even be an actual victim — for example, when someone intentionally damages their property or reports false information about themselves for monetary gain through insurance claims or benefits provided by state programs.
Fraud is prosecuted by local, statewide, and federal prosecutors. Fraud investigations are led by the FBI, DEA (when related to drug offenses), Secret Service (when related to counterfeit bills), ATF (when connected to fraudulently obtaining firearms), as well as statewide and local law enforcement offices. Nearly every federal, state, and local law enforcement agency has a division dedicated to fraud investigations.
Your freedom and life can be severely affected if you are accused of committing fraud. This is true even if the accusation is false — people are falsely accused of fraud more often than you think!
To protect your legal rights, it is imperative to contact a qualified and experienced Miami criminal defense attorney as soon as possible.
Fraud prosecutions can be complex and have lengthy prison sentences. Hiring a qualified South Florida criminal defense lawyer from the Kirlew Law Firm will ensure that those accused have a strong chance of having their charges reduced (or dismissed altogether) so they do not pay the price of a wrongful conviction. Put our legal expertise to work for you by calling us at (305) 521-0484 today for a free case evaluation!
There are many types of fraud charges — some are more severe than others. The full gamut of fraud-related charges is too numerous to list on this page. Regardless of the severity of the fraud charge, you must have a Miami criminal defense lawyer by your side.
Some of the most common types of fraud charges include credit card fraud, check fraud, false statements to deceive a financial institution, social security fraud, misuse or impersonation, insurance fraud, mail fraud, telemarketing fraud, and wire fraud.
In Federal Court, fraud charges are punished according to the sentencing guidelines. Typically, you will receive a minimum offense level of 8 for most fraud-related convictions. Depending upon the amount stolen, the means used to obtain the fraudulent funds, how many victim indentities were used, and your prior criminal record, you will receive a total offense level enhancement in addition to the minimum offense level of 8. Representing individuals in federal court on fraud-related charges requires expertise, experience, and in-depth knowledge of the federal sentencing guidelines. Most criminal defense lawyers are not equipped to deal with these cases.
In Florida State Court, the punishment for fraud charges is simpler to understand. A typical example of fraud is forging checks — the crime is classified as a 1st-degree misdemeanor and can land a person up to a year in prison with a potential fine of up to $10,000. If you write a check valued at $150 or more, it is a 3rd-degree felony with a maximum sentence of 5 years in prison and fines of up to $10,000. Depending on your fraud-related charge, you could end up with anything from probation to a lengthy prison sentence if you are convicted.
Stealing a person’s social security number, driver’s license number, credit card number, or any other form of identification is also considered a 3rd-degree felony. The act of identity theft will, however, be charged as a 2nd-degree felony if the person obtained more than $5,000 from it. A 2nd-degree felony can result in incarceration for up to 15 years and a fine of up to $10,000.
Fraud convictions have much more lasting effects than just incarceration and fines. Having such a conviction will make it difficult, if not impossible, to obtain housing, credit, loans, business financing, or professional licenses. With pretty much your whole life at stake, it is essential to have a Miami criminal defense attorney like Brian Kirlew, Esq. fighting on your behalf.
Once you are accused of any type of fraud, it can bring about long-lasting consequences. Depending on what charge(s) you are facing, those consequences could include: possible jail time or prison sentence, additional fines and fees, loss of future employment opportunities, and a damaged reputation.
Most of these consequences can be avoided if you have a seasoned Miami criminal defense attorney like Brian Kirlew, Esq. who knows how to navigate these complicated legal proceedings. Brian and his team of qualified attorneys will work hard to build your case while ensuring your rights are protected throughout every stage. Call (305) 521-0484 or contact us online to schedule a free, no-obligation case evaluation.
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.
