Fairfax Fraud Lawyer

Fraud is a very serious criminal case that is charged as a felony. You could face prison time if a court finds you guilty of this crime, and the impact of your conviction will likely affect many other areas of your life. If you are being investigated or indicted for this felony, you need to hire a Fairfax fraud lawyer. Our criminal defense attorney at The Leiva Law Firm has extensive trial experience and can build a strong case to defend you.

Types of Fraud

Fraud can take many forms and, depending on the case, may be prosecuted under state or federal law. Common types of fraud include:

• Obtain money by false pretense: If any person obtains, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate, or other property that may be the subject of larceny, he shall be deemed guilty of larceny thereof. Alternatively, if he obtains, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony.
• Bank fraud: Check fraud, forgery, false loan applications, or schemes involving financial institutions
• Employment and income fraud: Misclassifying employees, falsifying payroll records, or stealing income or benefits
• Insurance fraud: Submitting false or exaggerated claims, staging accidents, or misrepresenting information to obtain insurance payouts
• Wire and internet fraud: Fraudulent actions performed via email, online platforms, or electronic communications, including phishing scams and online impersonation
• Credit card and identity theft fraud: Using another person’s personal or financial information without authorization to make purchases, open accounts, or obtain benefits

These charges can carry severe criminal and financial penalties. If you are accused or under investigation in Fairfax, you should seek guidance from a fraud defense attorney as early as possible.

What Are the Elements of a Fraud Charge?

To convict someone of fraud, the prosecution must prove several specific legal elements beyond a reasonable doubt.

False Representation or Misstatement

The first element is a false representation or misstatement of a material fact. This can include:

• Lies
• Misleading statements
• Deliberate concealment of important information

The misrepresentation must be material, meaning it would influence a reasonable person’s decision.

Knowledge and Intent

The prosecution must also show knowledge and intent. The accused must have known the statement was false and intended to deceive the victim. Honest mistakes or misunderstandings typically do not meet this requirement.

Relied on the False Representation

The victim must have relied on the false representation when taking action, such as transferring money or property.

Resulted in Harm

Finally, the fraud must have resulted in damages or harm, such as financial loss. Without proof of these elements, a fraud charge cannot be sustained. Your Fairfax fraud defense lawyer will challenge these claims to possibly avoid a conviction, which is why you should secure an attorney early in the legal process.

Fraud Charges Can Be Difficult to Prove

What may work in your favor is that fraud charges are not always easy for prosecutors to establish in court. While fraud is a serious crime, it is also a charge that requires intent. You cannot accidentally commit this felony, so the prosecutor must show that you meant to be deceptive. These cases often involve a large amount of evidence, which could entail working with forensic accountants and a multitude of other witnesses. The prosecutor must assemble and present all of this information in court.

The burden of proof belongs to the prosecutor, so they must show that every element of fraud is present in your case, including intent. This could create an opening for us to fight the charges against you or agree to a favorable pleaoffer. Depending on the evidence and the early engagement of a Fairfax fraud attorney, a detective and/or prosecutor might not file a charge at all.

Contact a Fraud Attorney in Fairfax

Fraud allegations put your future, finances, and reputation at grave risk. At The Leiva Law Firm, we will evaluate the charges against you and build a strong defense on your behalf to protect your rights. Do not wait for the situation to escalate before you reach out to a Fairfax fraud lawyer. Contact us today to schedule a confidential consultation and take the first step toward protecting your freedom and your future.