Under California Penal Code section 484, it is illegal to defraud another person. This means that it is illegal to use trickery, deception, or false representation in order to obtain property or money from someone else.
There are several different types of fraud that are covered under Penal Code section 484, including:
- Credit card fraud: Using someone else’s credit card or creating a fake credit card to make purchases or obtain cash
- Identity fraud: Using someone else’s personal information, such as their name or Social Security number, to obtain credit or other benefits
- Real estate fraud: Making false statements or representations in order to sell or lease real estate
- Securities fraud: Making false statements or hiding important information in order to sell securities or stocks
- Insurance fraud: Making false claims or statements in order to obtain insurance benefits
- Health care fraud: Making false claims or statements in order to obtain health care services or benefits
If you are charged with fraud, the prosecution must prove that you intended to defraud another person and that you took some action to carry out the fraud. This means that if you made a genuine mistake or had no intention of defrauding someone, you may have a defense to the charge.
There are several potential defenses to a charge of fraud. One defense is that you did not intend to defraud anyone. For example, if you made a genuine mistake or were simply careless, you might be able to argue that you did not intend to deceive anyone.
Another defense is that you were entrapped by law enforcement. Entrapment occurs when law enforcement officials encourage or induce someone to commit a crime that they would not have otherwise committed. If you can show that you were entrapped, the charges against you may be dismissed.
A third defense is that you did not take any action to carry out the fraud. For example, if you merely made statements or representations, but did not actually obtain any property or money from someone, you might be able to argue that you did not commit fraud.
If you are convicted of fraud, the potential penalties depend on the circumstances of your case and the value of the property or money involved. In general, fraud is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the circumstances.
If charged as a misdemeanor, you could face up to one year in county jail. If charged as a felony, you could face 16 months, two years, or three years in state prison. In addition, you could be fined up to $10,000 and be required to pay restitution to the victim.
It is important to note that there are enhanced penalties for certain types of fraud. For example, if you defraud someone out of more than $500, you could face additional prison time. Similarly, if you defraud an elderly person or someone who is disabled, you could face enhanced penalties.
If you have been charged with fraud, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and advise you of your rights and options. An attorney can also help you build a strong defense and negotiate a favorable plea bargain, if appropriate. In some cases, it may be possible to have the charges against you dismissed or reduced, or to obtain a not guilty verdict at trial.