What Is Insurance Fraud?

Insurance fraud, broadly defined, is when someone deliberately deceives others in order to get a payment from an insurance company to that they aren’t actually entitled. Insurance fraud is a severe accusation with grave repercussions from the criminal justice system.

The sooner you get in touch with a lawyer, the sooner you can create a legal strategy to get the charges dropped, or get the case settled in your favor. Fraud is a complex crime, and it’s essential to have the best representation and legal advice you can find.

If you find yourself facing insurance fraud, a skilled California criminal defense lawyer from LibertyBell Law can help you address it strategically. 

Orange County Insurance Fraud Lawyer

Since insurance is designed to pay for personal injury situations or property damage, insurance claims can add up to a lot of money, making them frequent targets for fraud.

Insurance fraud isn’t just committed by customers. Claims adjustors, agents, and even insurance companies themselves can also potentially commit fraud and go to trial. 

In the legal system, the intent to deceive another person or entity is an essential part of defining fraud. To be found guilty of the crimes, the prosecutor needs to prove that you intentionally misrepresented information in order to benefit from it.

More importantly, the fraud crime itself must be completed. Simply providing an insurance company with false information does not qualify as fraud unless it was done as part of an attempt to get a payout. In court, these two features are often the main focus of both defense attorneys and the prosecution.

Types Of Insurance Fraud

There are as many types of insurance fraud as there are types of insurance. However, some types of insurance fraud are more common. Here are some of the cases we see most often.

Worker’s Compensation Fraud

Worker’s compensation fraud occurs when someone aims to deceive insurance companies so that a person may receive payment for medical expenses, lost work wages, and more. This insurance is essential for keeping workers safe and helping them heal when they do get injured. 

However, insurance companies are concerned about the potential for fraud. They investigate claims thoroughly and hope to eliminate instances of fraud. 

Automotive Insurance Fraud

In fraud cases involving automotive insurance, there are many ways that fraud can take place. When a consumer commits fraud, they may exaggerate the extent of the damage, stage accidents, or omit certain details.

More extensive fraud scams may include reporting a car stolen after intentionally destroying it, giving a false address to lower your insurance premium, or filing multiple claims after an accident. 

Homeowner’s Insurance Fraud

Homeowner’s insurance fraud includes all fraudulent claims about damage to a home. In some situations, this just means exaggerating the damage to your home. Other times, it may even involve sending in a claim for a damaging event that never happened. 

Other forms of homeowner fraud may involve collaborating with a repair person to send an inflated bill to the insurance company for personal gain. Omitting information can also count as fraud if a customer does so to have the insurance cover damage that falls outside of the policy. 

Potential Penalties For Insurance Fraud

In California, most insurance fraud can be categorized as either a misdemeanor or a felony, depending on the situation. A few factors go into how a case is handled. 

First, the court will take into account your criminal history or lack of it. Previous fraud convictions will generally result in your case being treated as a felony case. Other convictions may also be taken into account.

Secondly, they will consider the severity of the offense. If there was extensive fraud affecting many people or involving a large amount of money, they may be more likely to handle it as a felony. 

For misdemeanors, the most common penalty is a fine and a possible jail sentence, including up to one year in county jail. The fine can be up to $150,000 or double the amount taken in the fraud scene.

For a felony, those convicted could face up to five years in prison. The maximum fee is also $150,000, or twice the fraud amount if that is greater. 

Restitution is another common penalty. Those convicted of insurance fraud often have to pay damages to the insurance company and any other harmed parties, such as an employer, auto company, or other entity. 

Working with a criminal defense attorney in LibertyBell Law can help you avoid more serious charges or a longer sentence. Defense lawyers have years of experience arguing down sentences and protecting clients’ rights. 

Handling Insurance Fraud Charges

Facing charges of any kind can be stressful, especially for a crime that has such a significant impact on your personal and professional life. 

Defense attorneys work with clients to build a legal strategy. Most fraud defense approaches use the following as a base:

Arguing a lack of intent to commit fraud

Arguing that the prosecution lacks proof

However, an experienced attorney can personalize each legal defense and ensure that it reflects the legal strategy the client wants as well as the specific situation. 

We understand the effect a conviction can have on the rest of your life, so our law firm fights hard to protect your future. Being convicted of a felony, for example, means you lose the right to vote, and it can also affect housing and job opportunities.

What Is Indecent Exposure Under Los Angeles Law?

Indecent exposure is defined as exposing your genitals in a public place. However, the definition can vary between states. If you are accused of this sex crime, a federal sex crimes defense lawyer in Los Angeles can help you understand and fight against the charges.

In this article, we’ll give a comprehensive guide to the meaning of indecent exposure according to Los Angeles law

California Penal Code Section 314 PC: Indecent Exposure

In some states, indecent exposure includes any exposure of genitals in public, which can include behaviors like public urination.

California penal code specifies that in order to qualify as indecent exposure, the act must be done in front of people who could be annoyed by it, with the intent of attracting attention and obtaining sexual gratification. All three of these elements must be present.

When it comes to sex crime laws, Los Angeles County follows greater California state law. The intent is a crucial factor in determining whether or not the act is considered a Los Angeles sex crime.

If it was intended as a sexual act and meant to draw the attention of others, then it is a sex crime. If the prosecution cannot prove the intent beyond a reasonable doubt, then it doesn’t fall under the category of indecent exposure.

A sex crime defense attorney can create a strong legal defense strategy to prevent you from being charged. A sex crime charge can have a major impact on your life, including mandatory sex offender registration.

Hiring legal counsel will help you avoid getting listed as a sex offender due to false accusations or miscommunications.

Factors That Must Be Proven For A PC 314 Conviction

Just like any other crime, the burden of proof is on the prosecution when you are facing sex crime charges. In California, it is limited to a very specific act.

The court will need to prove a few different factors in order for you to be charged with a sex crime. These determine what does and doesn’t qualify as indecent exposure.

All of these must be present in order for it to qualify:

In public where there are people who may be offended or annoyed

With the intent of attracting attention

For the purpose of sexual gratification

Without these factors, alleged victims and their legal representation have no case. In the following section, we’ll take a closer look at the factors required for a sex crime conviction and how a criminal defense attorney can help.

Around Someone Who Could Be Annoyed Or Offended

This part of the law concerns whether or not there were witnesses when you exposed your genitals. If another person was present, and that person was likely to be annoyed or offended—then the situation meets the criteria.

However, if it was not done with the expectation that others would see you, such as behind a dumpster or hidden by bushes, then it does not meet the criteria.

Aiming To Attract Attention To Private Parts

This is an essential part of the definition of indecent exposure. Simply exposing one’s genitals doesn’t qualify as this type of sex crime. Instead, there must be an intent for others to see them.

An accidental exposure through a wardrobe malfunction or public urination does not count as intentional exposure with the purpose of drawing people’s attention.

In order for criminal charges to be filed, the court must be able to prove that you meant to catch the public’s attention.

Obtaining Sexual Gratification Or Perpetrating Sexual Offenses

Like most sex crimes, indecent exposure must be done with the purpose of sexual gratification in mind, either your own or someone else’s. This intent can be difficult to prove.

Lewd comments directed at others, for example, can indicate that a person has an abnormal sexual interest in the act. Other sexual acts, like masturbating, can indicate intent. Without obvious actions such as these, it can be difficult for the prosecution to argue that there was sexual intent.

If the prosecution cannot prove all three of these elements present, then the sex crime case will fail.

Penalties For A PC 314 Indecent Exposure Conviction

An indecent exposure conviction can have potentially serious consequences, depending on your legal record.

If this is your first conviction, it is considered a misdemeanor sex crime. The penalty is up to six months of county jail time and a fee of up to $1,000.

However, repeat offenders will face steeper penalties. If you have a previous conviction of indecent exposure or engaging in lewd acts with a minor, it can be charged as a felony sex crime offense.

This type of conviction will result in up to three years in county jail and up to a $10,000 fee. Second offenses could result in time in a California state prison instead.

If the crime occurred in a building or dwelling, then it is considered aggravated indecent exposure. This type of crime may be considered either a misdemeanor or felony—depending on the situation and your criminal record.

Another penalty that applies to both felonies and misdemeanors is having to enter the sex offender registry. Sex offenders often have trouble finding jobs and housing, and the label of the sex offender can follow you around for years.

The Best Way To Fight Against Indecent Exposure Or Sex Crime Charges

A skilled sex crime lawyer will point out flaws in the alleged victim’s case, argue that there is insufficient evidence, and do everything possible to clear your name.

Lawyers that have worked on many sex crime cases understand how vital it is to push back aggressively against sex offense accusations. An experienced legal representative can help you avoid lifetime sex offender registration, which is a penalty for many sex crimes.

Being convicted of a sexual-related crime can follow you for years. If you are accused of a sexual offense, it is important to get in touch with a criminal defense attorney who has experience with this type of criminal case.

Defense attorneys who have practiced criminal law for many years can help you protect your personal and professional reputation.

Dealing With Employees' Comp Scams Charges In Los Angeles

If you're facing employee's payment scams costs, it's important not to ignore how they can affect your life. To safeguard yourself and also guarantee the very best feasible outcome, you ought to deal with experienced The golden state offender defense attorneys. The right attorney will work with you to produce a powerful defense and get the charges rejected or the sentence decreased.

Employee's comp fraud is a major fee that can cause time in prison and also high fines. By employing a legal expert from LibertyBell Law, you can shield on your own from these harsh penalties and also guarantee you get fair treatment in court.

What Is Employee's Settlement?

Workers' compensation, additionally referred to as "employees comp," is a legitimately called for program that offers advantages to workers who are injured or ill on duty or as a result of their work. It might cover medical expenses, shed earnings, as well as even job re-training after recuperation.

This sort of payment is vital for worker safety and security purposes, especially in hard-hat work like building and construction. The majority of employees' settlement plans are moneyed by premiums accumulated from private employers by commercial insurers. Nonetheless, insurance provider additionally want to see to it that it isn't being abused by employees.

Wrongdoer defense lawyers do not just safeguard guilty people: they help their customers navigate the criminal justice system as well as get a reasonable result. If you are worried about charges versus you, it remains in your best interest to meet with a knowledgeable lawyer that can offer responses and solid lawful strategies for you.

What Is Employee's Comp Scams?

Employee's settlement fraudulence is a kind of insurance coverage scams that involves being misleading in some way regarding an injury in order to get settlement when one isn't entitled to it.

Employee's fraud is defined as intentionally making incorrect statements in order to obtain advantages. This also includes helping somebody else with a worker's comp fraudulence circumstance or hing on support of a deceitful insurance claim.

Given that the payouts can be considerable, some individuals could capitalize on them. They might claim debilitating discomfort or injuries when in reality, they were small. A staff member might supply incorrect details regarding the occurrence so they can accumulate advantages they aren't entitled to.

Insurance companies take fraudulence really seriously since it can cost them a lot of cash and also take money away from those who genuinely need it. It typically needs a long, intricate investigation. Insurer perform stringent, intense examinations as part of the process of giving those funds. If they find a worker's evidence or testimony lacking, that individual might end up being charged with fraud.

Fraudulence can likewise occur at various other degrees and also be launched by employers or physician. Physicians could bill customers for treatments they didn't obtain or do not need, for example.

LibertyBell Law can help you show your virtue. In many cases, they can even stop a trial from occurring by obtaining the instance thrown out.

What Are The Consequences Of Employee's Settlement Scams?

Any kind of form of scams possibly has extreme repercussions. When it comes to worker's payment fraudulence, it can be charged as either a misdemeanor or a felony in The golden state. Working with a defense attorney is key to getting milder sentencing or obtaining the instance rejected totally.

There are a couple of aspects that enter into identifying exactly how you will certainly be charged for the criminal activity if you're found guilty. These include:

Criminal history

Intensity of the claimed fraud incident

Those with a history of fraud, for instance, might be charged much more harshly. Repeat wrongdoers going against the same code will certainly be charged with felonies.

On top of that, those that are founded guilty of this kind of scams might likewise require to pay restitution to the targets, such as their employers or insurer.

In short, a scams conviction has major economic impacts as well as lawful ones. Time spent in prison can impact your future leads as well as result in missed opportunities.

Violation Charges

Offenses are not as extreme as felonies, yet they can still have a significant influence on your life.

If you are founded guilty of misdemeanor fraudulence, you may get up to a year in the county prison. The fines depend on $150,000 or twice the quantity of the fraud.

Felony Fees

Felony fees are grave. If you get a felony conviction, you could invest up to five years in state prison. The fines coincide as for an offense, with as much as $150,000 yet possibly up to twice the quantity of fraudulence, depending on which is higher.

How A Defense Lawyer Can Aid In A Scams Situation

Hiring a defense attorney is in your benefit if you are facing employee's compensation fraudulence charges. A lawyer with experience safeguarding customers against scams charges will certainly know exactly just how to build a situation for you and safeguard you against accusations.

Defense attorneys begin by gathering information and evidence. They may also contact the prosecutor and attempt to work out with them, depending upon the scenario. If all works out, they can obtain the instance dismissed before it gets to a courtroom.

If the case mosts likely to test, your attorney will create a defense on your behalf. You may additionally obtain court training to guarantee you can react to questions in an educated way that will support your situation.

Popular defenses consist of:

There was no illegal intent, as well as the situation is the outcome of a straightforward error

Absence of evidence for the sentence

However, your legal expert can customize your defense to your unique situation. With the appropriate law office, you can protect your rights and also credibility by getting fees rejected or staying clear of severe sentencing.

What Is LibertyBell Law Group

LibertyBell Law Group is comprised of a group of lawyers within the criminal elite, who have become one of the most sought after Law Groups nationwide. Our criminal lawyers are highly respected and recognized by lawyers, judges, defense attorneys and prosecutors for their tenacity, reputation, legal experience, room deliberation and results. 

3 Typical Tax Obligation Fraud Mistakes

Tax fraud is a complex matter that has severe repercussions, possibly consisting of penalties as well as jail time. If you are accused of tax scams, a criminal lawyer in The golden state can walk you with the experience and also help you remove your name.

Let's shed light on a few of one of the most common tax scams errors that people make when filing their tax obligations.

What Is Tax Fraud?

Tax fraud is a form of scams that involves deliberately filing false records or otherwise misdirecting the Irs.

Like all kinds of fraudulence, tax obligation fraudulence needs a specific to have purposefully misstated the facts to an additional person's hinderance. When it comes to tax fraudulence, that typically suggests existing to the federal government regarding your income in an attempt to avoid paying the tax obligations you owe.

Tax scams includes:

Not filing income tax return

Declaring residency in one more state

Not reporting all earned income

Producing false files that do not accurately show income and also costs

Not taping income as well as expenses

While there are some legitimate methods to minimize your tax obligation liability, these methods never include fraud or falsified documents.

Can You Accidentally Commit Tax Obligation Fraudulence?

The IRS specifies tax obligation fraud as an intentional act with the goal of preventing paying the taxes you owe. Technically, tax obligation scams must be done deliberately with the objective to evade the taxes you rightfully owe. However, it's still feasible to accidentally violate tax obligation laws as well as obtain hit with tax obligation fraud charges.

Acts such as omitting revenue, not divulging properties, as well as declaring credit scores you aren't entitled to are hard to confirm as unintended. It's simpler to associate these blunders to malignance than to lack of knowledge. LibertyBell Regulation's defense lawyer can aid you prove your innocence in court or even prior to your instance makes it to test.

Tax obligation fraudulence is among the most serious fraudulence crimes. It carries a possible penalty of approximately $100,000 as well as three years in prison.

Tax evasion is a type of tax fraudulence that involves illegal ways of hiding info as well as revenue from the IRS. One of the most crucial distinctions is that the burden of proof is on the internal revenue service in this situation.

Tax negligence, on the other hand, is when a person makes an unintended error on tax forms or fails to keep clear, trusted records. Just claiming lack of knowledge does not allow you off the hook for significant errors, yet it includes a minimal penalty, such as fines as well as passion due.

Typical Tax Fraudulence Mistakes That Can Land You In Trouble

Many people make these tax obligation fraudulence mistakes yearly. Whether or not you mean to dedicate fraud, these blunders can produce lawful issues that cost you great deals of money and time.

Whether you do your tax obligations on your own or work with somebody else to do them, you might wind up with these very typical mistakes in your tax obligation documents.

Specialist criminal defense lawyers have years of experience defending their customers both in and out of court. They will gather proof, say in your place, and also prepare you for test if necessary. A legal representative has the resources you require to delight in a favorable result for your case.

1. Declaring An Insufficient Or Incorrect Return

Tax obligation papers can be complicated, especially to anyone that does not handle them regularly. That's why it is very important to collaborate with a professional or trustworthy tax software program when declaring taxes.

There are several tax forms for different sorts of revenue, tax credits, and more. Leaving out information or important kinds could imply that you do not end up paying all the taxes you owe.

Making blunders on the forms you include or the information you fill out can increase eyebrows and also lead to an auditing situation. Dealing with a professional helps you stay clear of small errors that might trigger an audit and legal strife in the future.

2. Declaring The Wrong Credit Scores Or Reductions

If you do not check out meticulously enough, you can believe you are eligible for credit reports as well as deductions that do not apply to you.

As an example, if you attempt to claim a personal purchase as something vital for your organization, it might bring about scams costs later on down the line. Although it might be tempting to fudge the details, specifically if you are a local business owner, these small inaccuracies can amount to a major problem.

In some scenarios, this might really be a case of tax obligation preparer fraud. This means that your accountant has offered you false information and also taken tax obligation debts or reductions that don't apply to your situation. If you find yourself a sufferer of fraudulence that makes you resemble you broke the regulation, contact a criminal defense lawyer as soon as possible.

3. Unreported Revenue

Failing to report all your income is another significant problem. Although this may appear like a huge oversight, this trouble is more typical than you think. Some streams of revenue are hard to track, which can cause issues when tax obligation period rolls around. Money income is infamously tough to track.

Workers who get ideas, as an example, might not constantly track them continually. Nonetheless, the IRS can generally tell when you are leaving substantial amounts of suggestion earnings out of your papers.

Falling short to report large chunks of revenue can count as tax evasion in the eyes of the internal revenue service. This is a typical issue for our customers, and much of them don't recognize it's an issue up until they are facing audits or tax obligation scams charges.

Court Trial 101: How Does A Defense Attorney Prepare For A Case?

When faced with a big case, preparation is important. Different criminal defense lawyers will have various approaches to case preparation. Independent investigation is the backbone of a good defense strategy for any defense lawyer, however.

 

If you’re interested in learning more about the preparation process for a criminal case, keep reading!

 

Defense Attorneys And Case Prep

 

Preparing for cases is essential. Your criminal defense lawyer uses this time to conduct a proper investigation and research. This information will make up the defense for your case, and it will determine

 

It’s important to be completely honest and straightforward with your attorney. The attorney-client relationship means that communications between defendants and defense lawyers are legally protected and private.

 

That means that it’s okay to share sensitive or confidential information with your attorney.

 

A criminal lawyer will look into the plaintiff and defendant’s previous criminal charges and use the information to create a theory of the case. This theory determines the legal strategy moving forward.

 

There are three potential categories that criminal cases fall into, and we’ll discuss them below.

 

1. Complete Denial Of Prosecutor’s Charges

 

Our first course of action is to completely deny all charges brought forth by the prosecution. We will use all evidence at our disposal to argue that the case should be thrown out.

 

2. Admission And Explanation

 

If there’s no denying that the event happened, we take this approach. We will admit that certain facts in the case are true, but we will provide an explanation for why it happened.

 

3. Confession Session

 

A confession acknowledges that an event mentioned in the case happened. However, if this is our strategy, we still aim to reduce the sentence as much as possible.

 

Integrating External Help For A Stronger Defense

 

To create a stronger defense, our attorneys often approach outside consultants. These knowledgeable experts can help us polish our defense strategy.

 

Our trial consultants help us prepare for the trial presentation. Many consultants have a background in psychology and can help determine the best way to present information to a jury.

 

Jury consultants help attorneys select an optimal jury. They can also help with figuring out strategies and arguments that are most likely to sway that particular jury.

 

Expert witnesses can be valuable in a court case. In this situation, an expert will testify on behalf of the defendant and offer insight into the situation. This expert may provide specific information related to the case that will change the jury’s mind.

Frequently Asked Questions About Defense Lawyers

 

Many potential clients are curious about what defense attorneys actually do. Here are answers to some common questions!

 

What Do I Do After Being Arrested?

 

Immediately after an arrest, it’s important to invoke your right to stay silent and get in touch with an attorney as soon as possible. Even if you have already spoken to the police, it is still important to work with a private lawyer.

 

How Do I Find A Good Defense Lawyer?

 

When looking for a defense lawyer, pay attention to experience, credentials, and testimonials. You may also want to consult with a lawyer before committing to one.

 

What Is A Federal Crime?

 

A federal crime is any crime that breaks a federal law, instead of a local or state law. These cases are more serious than other cases.

LibertyBell Law Group Official

20350 Ventura Blvd Suite 230, Woodland Hills, CA 91364, United States

(855) 529-7761

https://www.libertybelllaw.com/

LibertyBell Law Group is comprised of a group of lawyers within the criminal elite, who have become one of the most sought after Law Groups nationwide. Our criminal lawyers are highly respected and recognized by lawyers, judges, defense attorneys and prosecutors for their tenacity, reputation, legal experience, room deliberation and results.