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.