Fairfax Fraud Lawyer
Fraud is a category of charges that covers conduct involving a misrepresentation of some kind. Examples of this include forgery, uttering, writing a bad check, and false pretenses.
The elements of fraud vary depending on the particular offense. Generally, fraud involves a knowing misrepresentation of some kind, made with the intent that another rely upon it, and actual reliance on the misrepresentation in a way that causes them to lose money or other property.
A Fairfax fraud lawyer can help you if you’re charged with fraud by analyzing the allegations against you, determining whether the evidence and facts that are asserted by the government meet the necessary burden and meet all of the elements of the crime. Additionally, an experienced Fairfax defense attorney can help walk you through the process, advise you as to whether you should try your case or take a plea agreement and help you to mitigate the impact of any conviction that you might receive.
Types of Fraud
The most typical examples of fraud in Fairfax relate to financial transactions or even construction transactions. For example, if a person forges a check or uses some trick or artifice to get the financial institution to pay money; trick someone, such as an elderly individual for some amount of money; that can be considered a fraud. Sometimes cases will come up where, for example, a dishonest construction company takes large amounts of money from someone promising to do all kinds of different things and then ultimately they don’t do those things and cannot be reached and/or are not responsive.
There are two varieties of fraud in terms of seriousness. The first is misdemeanor types of fraud and the other is felony types of fraud. Any kind of fraud case is considered a crime of moral turpitude which can cause loss of employment, difficulty getting a job in the future, loss of immigration status, or even loss of a security clearance. In addition, misdemeanor charges are punishable by up to one year in jail. Felony fraud charges can be punishable by terms of prison, five years, ten years, or even more making it imperative a fraud attorney in Fairfax is contacted.
Misdemeanors are punishable by up to one year in jail and up to a $2,500 fine in Fairfax. Jails are facilities which are operated and maintained locally in the jurisdiction where a person is charged, so if there is jail time to be served, it will happen locally.
A felony charge is much more serious and is punishable by imprisonment making it even more important that a Fairfax fraud lawyer is contacted. This means serving the sentence at a prison, which is a state facility. In addition, there can be much larger fines that will be considered in fraud cases. Finally, a felony conviction comes with the loss of a number of important rights, such as the right to vote, the right to hold public office, as well as the right to own or possess firearms.
Penalties for fraud in Fairfax are going to be more severe as a function of a couple of things. One is, how much money is involved or how much has been lost. Other considerations are whether this is the first time the individual has been charged or convicted of fraud, whether it is a misdemeanor or a felony, and how many charges are currently pending.
How a Fairfax Fraud Lawyer Can Help
A Fairfax fraud lawyer will go about preparing a defense for fraud charge by investigating every aspect of the factual allegations made by the government. Preparation will also include analyzing the law, looking for the best defenses and determining what tactics are going to be best to use either in a plea discussion or a trial scenario. In addition to that, there will be interviewing witnesses, gathering evidence, and general marshaling of all of the things that are going to give you the best opportunity to have your charge be either dismissed or reduced.