The offense of fraud is described as intentionally deceiving another person to obtain or gain property, finances, or another type of good. Fraud, as well as other white-collar crimes, are not taken lightly by courts. Therefore, it is crucial to have strong legal representation by your side as you fight these charges.
An experienced Edina fraud lawyer could help you build a robust defense against your charges and potentially minimize the unfavorable consequences that come with this offense. Reach out today to learn more.
Understanding Fraud Charges
To prove fraud, the prosecution must show that an accused individual used deception, dishonesty, or lies to acquire a benefit for themselves. Under state law, fraudulent offenses typically require the state to prove several elements to sustain a conviction, including:
- An individual knowingly made a misrepresentation
- The misrepresentation was believed as true by another party
- The individual made the misrepresentation with the intention of getting the other party to act based on it
- The party relying on the misrepresentation suffered a loss due to their belief in the untrue information
Fraud is a broad category of criminal offenses that incorporates numerous categories of acts. A knowledgeable Edina attorney could help someone understand the specific type of fraud charge they are facing when preparing a defense.
Common Types of Fraud Offenses
The elements required to prove fraud are typically complex and differ between the types of offenses. Some of the common types of fraud charges brought under state law include:
- Identity theft
- Check fraud
- Credit card fraud
- Mail fraud
- Wire fraud
- Insurance fraud
Identity theft is a widely occurring offense, especially with the number of individuals using technology. Under state law, a person does not have to use someone else’s identity to be convicted of the crime. Rather, individuals can be convicted of identity theft by simply transferring or possessing another person’s identity, according to Minnesota Statutes § 609.527.
A fraud offense can be a state charge, a federal charge, or even both, depending on the circumstances of the alleged crime. A skilled Edina attorney understands the complexities of a fraud case and the necessary elements for each category of fraud.
Potential Penalties for a Fraud Conviction
Although a fraud charge is not a violent crime, a conviction can still carry serious penalties. The type and severity of penalties depend on the case’s circumstances, the amount of loss or injury caused, and the accused individual’s prior criminal history. Typical penalties in a fraud conviction could be jail time, probation, fines, restitution to the deceived parties, and forfeiture of property obtained through the fraudulent acts.
If the state seizes an accused individual’s property due to a fraud case, it might require extensive litigation to get the property back. A knowledgeable fraud attorney in the area could provide guidance during this process and ensure a defendant’s legal rights are protected.
Contact an Edina Fraud Attorney Today
Fraud charges can be immensely stressful. You might feel overwhelmed by the court process and unsure of the best steps to take to protect your future. A dedicated Edina fraud lawyer could evaluate your case to determine the potential courses of action and present your defense. Schedule a consultation today to get started on your case.