There are many varieties of fraud crimes. Criminal fraud charges may include:
- Identity theft
- Check fraud
- Internet crimes
- Selling counterfeit goods
- Vehicle registration fraud
- Counterfeit currency
- White collar crimes
Theft by Fraud
Under California Penal Code Section 484, any person who uses fraud or deceit to obtain possession of money, labor, or personal property of another person is guilty of theft1.
In order to be convicted of a crime of theft by fraud, the element of “intent to defraud” must be proven. “Someone intends to defraud if he or she intends to deceive another person either to cause a loss of money, or goods, or services, or something else of value, or to cause damage to, a legal, financial, or property right2.”
A common defense to fraud is that your representations, when procuring the thing of value from the other person, were not false or misleading. Therefore, you did not use fraud or deceit to obtain the thing of value. Another possible defense is that you had permission from the other person to possess the item.
In order to prove fraud, the prosecution needs to show that your intent was to permanently deprive the other person. Therefore, another defense to the crime of fraud is that the intent was not to “permanently” deprive, rather, there was intent to return the item or thing of value.
We Help Individuals Who Have Been Accused of Criminal Deceit?
Defending criminal fraud requires in-depth knowledge of the various elements and defenses of fraud. In order to get the best criminal defense, you need an attorney that has experience trying fraud cases and questioning witness in court to disprove the prosecution. We vigorously advocate on behalf of our clients and have a track record of success. Call our firm today!