New Jersey Fraud Crimes Lawyers
What Is Fraud?
Fraud is a broad term that is used to describe the act of using deception and dishonesty in order to gain something. It is considered a white collar crime. The following things can be classified as fraud.
- Identity theft
- Computer crimes
- Writing a fake check
- Perpetuating a fraud by using the federal mail system
- Stock market fraud and securities
- Making false promises involving banking institutions and insurance companies
- Illegally getting someone’s credit card information
What Are The Laws Regarding Fraud?
There are civil and criminal laws regarding fraud. People who have been a victim of fraud can file a civil case. However, the government is the only entity that can file a criminal case. In order for you to be convicted of fraud, this has to be proven in court. You may have to pay a fine or serve time in prison if you are convicted of fraud.
If a private civil lawsuit is filed, then you may have to pay monetary damages. There are several elements that have to be proven, including the following.
- You purposely misrepresented something as being a fact.
- You knew that it was false.
- There was a victim.
- The victim suffered loss as a result.
Ways That You Can Defend Yourself Against Fraud Charges
Fraud is a serious crime in New Jersey. There are harsh penalties for it. However, you can fight the charges that have been filed against you. It is important to remember that being accused of a crime is not the same thing as being convicted of one. That is why it is a good idea for you to hire a New Jersey fraud crimes lawyer.
The circumstances surrounding the fraud will determine the type of defense that can be used. A defense that works well for one case may not necessarily work well for another one. Possible defenses for fraud include the following.
Mistake of Identity
Some people are a victim of fraud because their property, money and identity was stolen. You do not even have to meet the person face to face in order to be a victim of fraud. Because of social media, online banking and e-commerce, it is common for people to be a victim of fraud over the internet.
The police may conclude that you are responsible after they do an investigation. However, your attorney can provide you with an alibi.
Accusations of fraud can sometimes arise as the result of a misunderstanding. Someone may have thought that you were trying to take advantage of them. If you made a simple mistake or did not have enough information, then your attorney will be able to prove that.
Lack of Intent
Intent is an element that has to be proven in almost every type of crime. One has to be able to prove that you intentionally defrauded someone in order to obtain a service, money or property. There is not enough evidence to convict you if intent cannot be proven.
This defense is not based on your innocence. It is based on the prosecutor having enough information to convict you of the crime. The evidence also has to match the elements of fraud.
Your attorney can point out the weaknesses in the case. This can result in your case being dismissed.
You cannot be charged with fraud if the victim consented to what you were doing. It doesn’t matter whether the victim was another person or business. What you have done may have ill-advised. However, that doesn’t matter because it isn’t a crime.
Contact a New Jersey Fraud Crimes Lawyer for Help
The best thing that you can do to beat a fraud charge is hire an attorney. Our attorneys have had years of experience in defending people who have misdemeanor and felony fraud charges.
Our attorneys will take the time to review your case. After that, our attorneys will gather all of the evidence that can be used to support your claim. Our goal is to build the strongest defense possible so that your charges can be dropped.