According to California’s Civil Code §§ 1572, there are two types of fraud, actual as well as constructive. There is a liability code under Civ. Code §§ 1572 and is defined as limited to actions that are committed by or with the connivance of a party with intent to deceive another party. Fraudulent acts typically are resulted from one of two reasons:
- Desire to escape criminal culpability or
- Financial gain.
- Positive assertion, in any manner not warranted by information of the person making it, which is not true, nor the person making the assertion believing its true
- Suppression of that which is the truth, by one having the belief or knowledge of that fact
- The suggestion of a fact that is not the truth by one who does not believe it to be the truth
- A promise that is made without any intention of performing it and
- Any other actions fitted with the intent to deceive.
Constructive fraud is defined as any breach of a duty which, without an actual fraudulent intent, may gain an advantage to the person at fault, or by any one claiming under the person at fault, by intentionally misleading another person to the prejudice of the person that is misled, or as to the prejudice of anyone claiming under the person that is misled.
Basic Types of Fraud
There are many genres of fraud that can be construed as criminal in the state of California. They are as follows, but not limited to:
- Welfare fraud
- Workers’ compensation fraud
- Forging deeds
- Check/credit card fraud
- Securities fraud
- Internet fraud
- Forgery fraud
- False personation fraud
- Senior fraud
- Mail fraud
- Gambling fraud
Fraud offenses are typically resulting in high fines as well as possible jail and/or prison sentencing. The government may take any of the money or the other property that was directly correlated with the fraudulent activity as well as illegal aliens may be deported and/or removed (moral turpitude). Many California fraud offenses are automatically charged as felonies.
There are several legal defenses if there are fraud charges. An educated defense attorney can represent a defendant on the grounds of:
- Defendant being a victim of mistaken identity
- Defendant deserving a discharge based on California entrapment law, that being if defendant can verify the fraud was committed in result of the police coercing to do so
- Defendant did not have the intent to commit the criminal fraud and is not guilty of doing so
For all the listed reasons, it is important to have great attorneys on your side. The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all fraud crime convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.