Fraud Defense
Pasadena Fraud Attorney
Pasadena Fraud Defense Attorney
You never expected a simple business deal or a routine financial transaction to land you in a criminal investigation. Now, your name is tied to allegations of fraud, and you’re staring at the possibility of prison, fines, and a record that could derail your career. You need more than legal advice when your future is on the line. You need a Pasadena fraud defense lawyer who can challenge the charges and protect what you’ve built.
What to Know About Fraud Charges in California
Fraud in California is defined as the deliberate use of deception to secure an unfair or unlawful gain, usually financial. State and federal authorities take these offenses seriously, and convictions can result in jail time, fines, restitution, and a permanent criminal record.
Fraud charges fall into multiple categories depending on the method used, the amount of loss, and the alleged victim. Below are some of the most common criminal fraud charges prosecuted under California law.
Mail Fraud
While primarily a federal offense, mail fraud may overlap with state charges when fraudulent schemes involve sending deceptive materials through the U.S. Postal Service (USPS). Prosecutors must prove that you used the mail to carry out a plan to defraud someone for money, property, or services. Even sending one fake document through USPS can lead to federal charges and up to 20 years of incarceration.
Insurance Fraud
This crime involves submitting false claims, inflating damages, staging accidents, or lying to an insurance company for financial benefit. To be found guilty, the prosecution must prove you knowingly made or prepared a false statement related to an insurance benefit with intent to defraud. Penalties include up to five years in prison and fines of up to $50,000.
Identity Theft
Identity theft occurs when someone uses another person’s identifying information, such as a Social Security number, driver’s license, or bank account, without permission to obtain money, credit, or other benefits. The unauthorized use for fraudulent purposes is a key element of this offense, which can be charged as either a misdemeanor or a felony, depending on the specific circumstances.
Credit Card Fraud
These laws address a variety of offenses, including possessing a stolen card, forging cardholder information, or using a revoked or counterfeit card for purchases. To convict you, the State must show that you unlawfully took or retained a credit card without the cardholder’s consent and used it fraudulently.
Real Estate and Mortgage Fraud
Prosecutors often charge real estate fraud when someone submits false loan applications, misrepresents property value, or manipulates foreclosure proceedings. The prosecution must prove you knowingly made a material misstatement or omission with the intent to deceive during a property-related transaction.
Forgery
Forgery occurs when someone signs another person’s name, alters a legal document, or fakes a signature to gain an unlawful benefit. Essential elements include the intent to defraud and falsify a written instrument.
Because these cases are complex and high stakes, working with an experienced Pasadena fraud defense lawyer is critical. A conviction can jeopardize more than your freedom, damaging your career, credit, and reputation.
Potential Penalties for Fraud Convictions
California’s fraud laws are intentionally broad to cover various conduct, and charges may be filed as misdemeanors or felonies. Penalties for fraud convictions vary depending on the nature and severity of the offense and can include:
- Incarceration—sentences can range from months to several years in state prison;
- Fines—substantial monetary penalties, sometimes amounting to thousands of dollars;
- Restitution—compensation to victims for their financial losses; and
- Probation—court-imposed conditions must be followed to avoid further penalties.
Given these potential consequences, you need a team of experienced lawyers for fraud cases working on your behalf.
Common Legal Defenses Against Fraud Charges
California law requires the prosecution to prove each element of the alleged fraudulent offense beyond a reasonable doubt. Depending on the specifics of the fraud charge, the State must prove that you intentionally misled another person to obtain something of value or cause harm. Here are some effective defenses used by experienced attorneys.
Lack of Fraudulent Intent
Prosecutors must prove that you knowingly and willfully intended to deceive someone to gain property or services. If you believed your statements were true or acted in good faith, there may be no criminal liability.
No Material Misrepresentation
Many fraud crimes involve a material misrepresentation or a significant false statement that can influence the victim’s decision. If the statement was trivial or unrelated to the transaction, the fraud charge may not stand.
Consent or Authorization
In cases involving alleged unauthorized use of financial information, such as identity theft, the defense may show that you had the victim’s consent or a legitimate right to use the data.
Insufficient or Circumstantial Evidence
Many fraud cases hinge on paper trails, emails, or financial transactions that can be taken out of context. Without clear, direct evidence of intent or participation, your Pasadena criminal fraud lawyer can challenge the reliability of the prosecution’s case.
Entrapment
If law enforcement persuaded or pressured you into committing fraud that you otherwise would not have engaged in, this may constitute entrapment. This defense can apply when an undercover agent or sting operation crosses the line from investigation into coercion.
Mistaken Identity
In larger fraud investigations, especially those involving multiple defendants or digital records, it’s not uncommon for the wrong individual to be implicated. Your attorney can provide documentation, witness testimony, or expert digital analysis to establish that you were not involved.
A seasoned Pasadena fraud lawyer will assess the specifics of your case to determine the most appropriate defense strategy.
Why Choose Our Pasadena Fraud Defense Lawyer
At Esfandi Law Group, we bring over 20 years of experience in criminal defense, including complex fraud cases. Our firm is deeply rooted in the Pasadena community, providing a nuanced understanding of local legal procedures and personnel. Led by Seppi Esfandi, a former public defender with over two decades of trial experience, our team brings insight and local courtroom familiarity to every fraud case we handle.
Take Immediate Action to Protect Your Future
When your reputation and future are at stake, don’t leave your defense to chance. Get a Pasadena fraud defense attorney who knows how to fight back. Contact our office today.
Resources:
- CALCRIM 1804. Theft by False Pretense. California Courts, link.
- CALCRIM 2040. Identity Theft, link.
- Mail Fraud and other offenses. 18 U.S.C. § 1341, link.
