Fraud allegations can expose a person to serious criminal penalties, financial consequences, and lasting damage to reputation. In California, fraud is not a single offense. Instead, the term covers a wide range of crimes involving alleged deception, false statements, concealment, or misrepresentation for financial gain or some other unfair advantage. Depending on the facts, a fraud investigation may involve state charges, federal charges, or both.
At the Law Office of H. Charles Gorian, we understand that fraud cases often involve complex records, financial documents, electronic communications, and detailed timelines. These cases frequently turn on intent, identity, and whether the prosecution can actually prove a deliberate scheme to deceive. Our office provides strategic, one-on-one fraud defense representation tailored to the facts of your case.
What Is Fraud Under California Law?
In general, fraud involves alleged deception used to obtain money, property, services, benefits, or some other unfair advantage. California law addresses fraud through many different statutes rather than one single code section. One common example is Penal Code section 532, which prohibits obtaining money or property by false pretenses or fraudulent representations. Other statutes address more specific types of alleged fraud, including insurance fraud, welfare fraud, securities fraud, and other specialized offenses. Because fraud laws vary so much, the exact allegations matter. A check-related fraud case is different from an insurance claim case, a benefits case, or an investment-related case. The statute charged, the amount of alleged loss, and the surrounding facts can all affect the penalties and available defenses.
Common Types of Fraud Charges
Fraud-related charges may involve allegations such as:
- credit card fraud
- foreclosure or mortgage-related fraud
- health care or Medi-Cal fraud
- internet or online fraud
- insurance fraud
- mail fraud
- prescription-related fraud
- securities fraud
- welfare fraud
- workers’ compensation fraud
Some of these offenses arise under California law, while others may also be prosecuted federally depending on the conduct alleged. Mail fraud and wire fraud, for example, are federal offenses that involve a scheme to defraud carried out through the mail or interstate electronic communications.
Misdemeanor or Felony?
Fraud charges in California may be filed as either misdemeanors or felonies in some situations, but not all fraud offenses are treated the same way. The level of the charge often depends on the specific statute involved, the amount of alleged loss, the type of document or transaction at issue, and the defendant’s prior record, if any. Some fraud-related crimes are charged only as felonies or may trigger enhanced penalties under particular statutes.
For that reason, a fraud case should always be evaluated based on the exact code section charged rather than broad assumptions about “fraud” as a category.
Common Defenses to Fraud Charges
Every fraud case depends on the facts. In many situations, the key issue is whether the prosecution can actually prove fraudulent intent. Possible defenses may include:
- lack of intent to defraud
- mistaken identity
- false accusation
- insufficient evidence of a deliberate scheme or misrepresentation
- lack of knowledge that a statement or claim was false
- entrapment in limited circumstances
- unlawful search or seizure, depending on how the evidence was obtained
Because fraud cases often involve records, transactions, digital evidence, and complicated paper trails, a careful review of the documents and communications can be critical. Many fraud statutes also require proof of knowing or intentional deception, which may be a major point of defense.
Speak with a Fraud Defense Attorney
If you are under investigation for fraud or have already been charged, it is important to seek legal advice as early as possible. Fraud cases can expand quickly, and early intervention may make a meaningful difference in protecting your rights and preparing your defense.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 or fill out our form today for a free and confidential consultation.