Violation of California Penal Code 118 PC, 470 PC
Fraud is a term used throughout the Penal Code where any type of crime is committed where an individual intentionally deceives another person or organization, which causes that person or organization to suffer a loss. Fraud can include misleading a person or organization (e.g., court) by telling lies or half-truths; however, there are many other activities that fall under the scope of fraud as well.
California's fraud laws are in effect when a person:
Sounds pretty wide ranging, doesn't it? If you lie for financial gain or to escape criminal responsibility for another act, you can be charged with fraud. But the good news is that California varies its burden of proof depending upon the severity of the case and motive of the individual.
All fraud cases can result in substantial fines and jail time, if they are not defended correctly. So it is important to understand the distinction of the type of fraud committed -
California Penal Code Section 470 - 483.5 PC - a forgery committed with intent to defraud by knowingly signing someone else's name to a document, faking a seal or someone else's handwriting, or falsely signing or changing a legal document like a will, contract or deed to property, especially documents pertaining to money, finances (like a check).
California Penal Code Section 118 - 131 - willfully giving false information when testifying (under oath) in any court, signing an affidavit, signing a declaration, signing a California driver's license.
Fraud cases are considered "wobblers" - they can result in either misdemeanor or felony criminal charges. The circumstances that can affect the case are the specifics of the charge (conditions and circumstances), past criminal history (of other crime), or past charges of fraud and/or forgery.
We have successfully defended many cases of fraud - enough to know that the earlier you get professional legal help, the better. If you or someone you know is charged with fraud, it is imperative that you get professional legal counsel NOW. Contact the Law Offices of Stull & Stull so that we can discuss the possible defenses available. The initial consultation is free.
There are many issues involved in all cases, and if you call the Law Offices of Stull & Stull, we can discuss them all with you. Don't take your freedom for granted. Get professional legal help as soon as you possibly can to plan a defense strategy. Remember that the initial consultation is free.